Money laundering regime

Due to the increased volume and scope of money laundering legislation, the legislation can now potentially apply to anyone in one form or another.

Under the law a person may be guilty of a money laundering offence in a variety of ways. For example, a person can be guilty of the offence directly, for example if they possess, acquire, transfer, remove, use, convert, conceal or disguise property which has a criminal origin.

A person can also be guilty of money laundering more indirectly, for example if they become involved in an arrangement whereby they know or suspect that the arrangement facilitates the acquisition of, retention, use, or control of criminal property by or on behalf of another person.

All these offences will apply irrespective of whether a person launders their own proceeds of crime or those of another’s. They will also apply to property other than just money.

We can offer expert advice and assistance in dealing with HMRC/RCPO including:

  • Identifying whether a person has been involved in money laundering
  • Handling the outcome of a restraint order in place (where assets are frozen)
  • Handling the confiscation order proceedings
  • Handling enforcement proceedings in the event a confiscation order is made
  • Dealing with any legal issues arising out of receivers having been appointed    

We can offer advice and provide assistance with the conduct of any underlying or related proceedings e.g. Missing Trader (MTIC) fraud investigation/prosecution and/or refusal of a VAT reclaim. For help and advice please contact us.