Proceeds Of Crime Act 2002

Question 1

What are the defences to the Direct Involvement Offences?

Answer 1

The solicitor must make an ‘authorised disclosure’ before, during or after the prohibited act.
Must receive appropriate consent to continue with the prohibited act.

Also no offence committed if the criminal conduct took place outside the UK and was not unlawful in that jurisdiction.

Question 2

What are the non-direct involvement offences?

Answer 2

• You know or suspect that someone is laundering criminal proceeds
• You receive the information while working in the regulated sector, and
• You can identify the person or the whereabouts of the property

Question 3

What are the defences to non-direct involvement offences?

Answer 3

• You have a reasonable excuse for not making the disclosure
• You don’t know or suspect that the person is engaged in money laundering and your firm has not given you the required training
• You know or reasonably believe the conduct is occurring outside the UK and is not unlawful

Question 4

What is the penalty for offences under PoCA?

Answer 4

Imprisonment or a fine or both - s.334