Legal Services

Question 1

What is the presumption of a predicate offence in the context of money laundering?

Answer 1

Money laundering offences presume that a criminal offence has occurred in order to generate the criminal property being laundered

Question 2

What are the three direct money laundering offences?

Answer 2

1. Concealing
2. Arrangement
3. Acquisition, use, or possession

Question 3

What is the mental state required to commit the offence of concealing (and arrangement and acquisition)?

Answer 3

Subjectively know or suspect that the property represents a benefit from criminal conduct

Question 4

What are the three timings which determine the authorised disclosure defence available to a charge of concealing (and arrangement and acquisition)?

Answer 4

1. Before concealing
2. During concealing
3. After concealing

Question 5

What is the authorised disclosure defence if disclosure is made before concealing?

Answer 5

It is a full defence if a person makes an authorised disclosure of the act to police, customs officer, or other nominated officer within the organisation, before the act

Question 6

What is the authorised disclosure defence if disclosure is made during concealing?

Answer 6

It is a full defence during the act if:

1. Person had no relevant knowledge or suspicion when the act started
2. Disclosure was made as soon as practicable after knowledge or suspicion; and
3. Disclosure was made on the person’s own initiative (not prompted by imminent discovery/encouragement of another)

Question 7

What is required to avail of the authorised disclosure defence if disclosure is made after concealing?

Answer 7

There must have been good reason why a disclosure was not made

Question 8

Which way is the conflict between disclosure as a defence to concealing and the duty of confidentiality resolved?

Answer 8

Disclosure is an exception to the general duty of confidentiality

Question 9

In what situation could a solicitor not rely on legal professional privilege in the context of concealing?

Answer 9

Where the solicitor knows the transaction they are working on is a money laundering offence, or they suspect it and their suspicions are true.

Therefore, the offence can be committed by suspecting or knowing, but where LPP applies, the solicitor must know in order to lose the privilege, or suspect it and be right in the facts.

Question 10

What topics does the full Legal Services deck contain, and how do I access it?

Answer 10

The full deck contains over 130 flashcards dealing with the SRA syllabus:

• Regulatory Role of the SRA;
• Funding Legal Services;
• Equality Act 2010;
• Money Laundering;
• Financial Services.

Access is currently £25 per full subject, e.g. Legal Services, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.