Money Laundering

About Money Laundering

Money laundering offences are found in Sections 327, 328, and 329 of the Proceeds of Crime Act 2002. Section 327 criminalises concealing, disguising, converting, transferring, or removing criminal property from the jurisdiction. Section 328 criminalises entering into or becoming concerned in an arrangement which facilitates the acquisition, retention, use, or control of criminal property by or on behalf of another person. Section 329 criminalises the acquisition, use, or possession of criminal property. All three offences carry a maximum of fourteen years' imprisonment.

The critical question in every money laundering case is whether the property involved was "criminal property" — meaning it constitutes or represents a benefit from criminal conduct, and the person dealing with it knew or suspected this. The prosecution does not need to prove the specific criminal offence that generated the property. They must prove that the property was the proceeds of some criminal conduct and that the defendant knew or suspected this. This broad definition means that money laundering charges can arise in a wide variety of circumstances.

Money laundering investigations are conducted by specialist units including the National Crime Agency, HMRC, and the Serious Fraud Office. They frequently involve the analysis of bank account transactions, company structures, property transfers, and international money movements. Suspicious Activity Reports filed by banks, accountants, and other regulated professionals often trigger investigations. The investigations are complex and can take years to complete.

Defending money laundering charges requires a detailed understanding of the financial transactions involved and the ability to demonstrate that the property was not criminal property or that the defendant did not know or suspect it was. In many cases, the defendant has been involved in legitimate business transactions that look suspicious when viewed through the prosecution's lens but have a perfectly lawful explanation. Presenting that explanation clearly, supported by financial evidence and expert analysis, is the essence of the defence.

Why Early Representation Matters

Money laundering cases are built on financial evidence — bank statements, transaction records, company accounts, and property registers. We work through this evidence transaction by transaction to understand what happened and to identify the legitimate explanations for movements of money that the prosecution characterises as laundering. Where necessary, we instruct forensic accountants to analyse the evidence independently and to challenge the prosecution's interpretation.

The element of knowledge or suspicion is often the weakest part of the prosecution case. Even if the property did derive from criminal conduct, the prosecution must prove that the defendant knew or suspected this. We examine the circumstances to establish what our client actually knew at the time — not what they might have known with the benefit of hindsight. A person who receives money from a business associate without knowing it derives from crime is not guilty of money laundering, regardless of what is later discovered.