Money Laundering in UK Law

Leading Cases
  • R (Director of the Assets Recovery Agency) v Olupitan
    • Queen's Bench Division (Administrative Court)
    • 08 Feb 2007

    A substantive offence of money laundering can be proved by inference from the way in which cash is dealt with and it is not necessary to prove the underlying offence which generated the cash: R v El Kurd [2001] Crim. L.R. 234; and R v L,G,Q and M [2004] EWCA Crim 1579. El Kurd was cited in Montila and referred to in the Opinion of the Committee with apparent approval and certainly without adverse comment on the question material to this case.

    In this case, the evidence is, as the Director alleges, that around £195,000 cash (and £24,000 in unidentified credits) were credited to the accounts of Olupitan and Makinde in a period of some five and a half years. They remain unexplained and without any supporting documentation. Such explanations as have been offered have been rejected as untruthful.

  • R (the Director of the Assets Recovery Agency) v Green
    • Queen's Bench Division (Administrative Court)
    • 16 Dec 2005

    For the purposes of sections 240 and 241(1) and (2) a description of the conduct in relatively general terms should suffice, "importing and supplying controlled drugs", "trafficking women for the purpose of prostitution", "brothel keeping", "money laundering" are all examples of conduct which, if it occurs in the United Kingdom is unlawful under the criminal law.

  • Serious Organised Crime Agency v Gale and another
    • Queen's Bench Division
    • 12 May 2009

    I respectfully agree with and adopt the above cited observations of Sullivan J, Langley J and King J and if support is needed it is to be found in the decision of the Court of Appeal, Criminal Division in R –v—Anwoir & Others [2008] 2 Cr App R 36 at para 21 at page 539 that there are two ways in which the Crown can prove in money laundering offences that property was derived from crime —either by proving it derived from unlawful conduct of a specific kind or kinds or by evidence of the circumstances in which the property was handled, such as to give rise to the irresistible inference that it could only have been derived from crime (although in criminal proceedings the higher standard of proof is required).

  • Assets Recovery Agency (ex parte) (Jamaica)
    • Privy Council
    • 19 Jan 2015

    Reasonable grounds for believing a primary fact, such as that the person under investigation has benefited from his criminal conduct, or has committed a money laundering offence, do not involve proving that he has done such a thing, whether to the criminal or civil standard of proof. The test is concerned not with proof but the existence of grounds (reasons) for believing (thinking) something, and with the reasonableness of those grounds.

  • R v Raymond George May
    • House of Lords
    • 14 May 2008

    (6) D ordinarily obtains property if in law he owns it, whether alone or jointly, which will ordinarily connote a power of disposition or control, as where a person directs a payment or conveyance of property to someone else. Mere couriers or custodians or other very minor contributors to an offence, rewarded by a specific fee and having no interest in the property or the proceeds of sale, are unlikely to be found to have obtained that property.

  • R v Steven William Montila and Others
    • House of Lords
    • 25 Nov 2004

    A person may have reasonable grounds to suspect that property is one thing (A) when in fact it is something different (B). But that is not so when the question is what a person knows. A person cannot know that something is A when in fact it is B. The proposition that a person knows that something is A is based on the premise that it is true that it is A. The fact that the property is A provides the starting point. Then there is the question whether the person knows that the property is A.

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Legislation
Books & Journal Articles
  • Money Laundering
    • Nbr. 1-4, February 1998
    • Journal of Money Laundering Control
    • 295-302
    Money laundering is defined as the process by which illicit money is made to appear licit. It is an essential element of any cash generating criminal venture. The manner in which money is laundered...
  • Money Laundering
    • Nbr. 5-2, April 1997
    • Journal of Financial Crime
    • 164-173
    This comparison has been prepared in an effort to assist practitioners when confronted with the main moneylaundering provisions of legislation as they apply to crime and also to drug trafficking.
  • Greece: Money Laundering
    • Nbr. 3-2, April 1999
    • Journal of Money Laundering Control
    • 161-172
    The Greek regime on money laundering tends to be unknown to most foreign experts. This is partly due to the language barrier and partly due to the admittedly minimal bibliography on the regulation ...
  • Brazil: Money Laundering
    • Nbr. 2-4, February 1999
    • Journal of Money Laundering Control
    • 365-371
    Those Brazilians reading São Paulo's newspapers over breakfast on 23rd November, 1991, discovered with surprise that their country was playing a significant role on the international money‐launderi...
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Law Firm Commentaries
  • Money laundering roundup
    • LexBlog United Kingdom
    The FCA has a key role in ensuring that firms have adequate safeguards to prevent themselves from being used for financial crime, in particular money laundering. That is why the FCA made financial ...
  • Fourth Money Laundering Directive
    • LexBlog United Kingdom
    The Fourth Money Laundering Directive, published in the Official Journal, is in substantially the same form as the text adopted by the European Parliament at second reading. The directive must be i...
  • Money Laundering In The U.K.
    • LexBlog United Kingdom
    As the Anti Money Laundering Blog mentioned on April 1, 2008, the U.S. State Department has listed the United Kingdom as a Major Money Laundering Country in 2008.  The State Department however, had...
  • Money Laundering: Who Bears The Burden?
    • Mondaq UK
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