Financial Crime - Money Laundering and Bribery Notes

Money Laundering

Definition

  • Money laundering is the process of converting the proceeds of crime into assets that appear to have a legal source.
  • The aim is to disguise the illegal source of the property so the holder can enjoy it without suspicion.
  • Example: Drug dealers using a legitimate business to channel proceeds, then extracting profits as salary or dividends to buy luxurious items.

Legislation

  • Proceeds of Crime Act 2002 (POCA): Primary legislation regulating money laundering.
    • Three categories of offenses:
      • Laundering
      • Failure to Report
      • Tipping Off
Laundering (s.327 POCA 2002)
  • Offense to conceal, disguise, convert, transfer, or remove criminal property from England, Wales, Scotland, or Northern Ireland.
    • Concealing or disguising involves hiding the nature, source, or location of the property.
    • Criminal property: Property the offender knows or suspects represents benefit from any criminal conduct.
  • Laundering typically involves three phases:
    • Placement
    • Layering
    • Integration
Phases of Money Laundering
  • Placement
    • The initial disposal of the proceeds of crime into a legitimate business activity or property.
    • Example: Depositing illegal cash into a takeaway business.
  • Layering
    • Transferring money between businesses or places to conceal its initial source.
    • Example: Transferring money between bank accounts to obscure the audit trail.
  • Integration
    • The money takes on a legitimate appearance.
    • Example: Withdrawing money from a bank account as a