Money laundering (criminal property offences)

Summary

This APP topic outlines the fundamentals of investigating money laundering, detailing how funds derived from crime are transferred through various means by criminals. It emphasizes the importance of understanding the impact of money laundering on crime profitability, its threat to financial systems, and the criminal acts defined under the Proceeds of Crime Act 2002 (POCA). The document serves as a guide for police officers on how to approach investigations into money laundering, including appropriate strategies, the necessity for effective intelligence gathering, and the considerations for applying specific money laundering charges.

Key principles

• 1Investigate when illicit financial benefits are suspected.
• 2Consider money laundering charges when criminal lifestyles are evidenced.
• 3Focus on possession of criminal property rather than just the predicate offence.
• 4Use financial investigation tools to identify discrepancies in income and assets.
• 5Foster cooperation with Financial Investigation Units and asset recovery teams.

Defined terms

Property

Includes money, all forms of property or real estate and other intangible or incorporeal property.

Criminal conduct

Conduct which constitutes an offence in any part of the UK, or would constitute an offence in any part of the UK if it occurred there.

Knowledge

The prosecution will need to prove the defendant’s knowledge from the circumstances in which they came into possession of the property.

Suspicion

Not defined in POCA but involves a possibility, which is more than fanciful that the other person was engaged in, or benefited from criminal conduct.