Configuring criminal proceeds in money laundering cases in the UK

Pages374-384
Publication Date07 Oct 2014
DOIhttps://doi.org/10.1108/JMLC-11-2013-0047
AuthorZaiton Hamin,Wan Rosalili Wan Rosli,Normah Omar,Awang Armadajaya Pengiran Awang Mahmud
SubjectAccounting & Finance,Financial risk/company failure,Financial compliance/regulation
Conguring criminal proceeds in
money laundering cases in
the UK
Zaiton Hamin
Accounting Research Institute, HiCoE, MOHE, Malaysia and Faculty of
Law, UiTM, Shah Alam, Malaysia
Wan Rosalili Wan Rosli
Faculty of Law, UiTM, Shah Alam, Malaysia
Normah Omar
Accounting Research Institute, HiCOE, MOHE, Malaysia and Faculty of
Accountancy, UiTM Shah Alam, Malaysia, and
Awang Armadajaya Pengiran Awang Mahmud
Prosecution Division, Attorney General Chambers, Putrajaya, Malaysia
Abstract
Purpose – The purpose of this paper is to examine the way in which the courts in the UK have
interpreted the meaning of criminal property in the principal money laundering offenses under the
Design/methodology/approach – This paper employs a doctrinal legal analysis and secondary
data, which analyze the primary source, which is POCA itself, and secondary sources including case
law, articles in academic journals, books and online databases.
Findings – The authors contend that the courts in the UK have been dynamically interpreting the
ambit of money laundering offenses in POCA and that despite such judicial activism in the construction
of criminal property, it has provided a much needed certainty to the law.
Originality/value This paper could be a useful source of information for the practitioners,
academicians, policymakers and students in this particular area of crime.
Keywords Money Laundering, Tax evasion, Circumstantial evidence, Criminal conduct,
Criminal property, Forensic accounting evidence
Paper type Research paper
Introduction
Money laundering is a global issue being exacerbated by the source, opportunity and
means provided the combined effects of growth in international trade, the development
and expansion of the global nancial system, reduction of barriers to international
travel and also the rise of internationalisation of organised crimes. That money
laundering poses a threat to the integrity, reliability and stability of the nancial and
This research is nancially supported by the Accounting Research Institute, HiCoE, under the
Research Grant No 600-RMI/ARI 5/3(55/2012) and the Research Management Institute (RMI),
University Teknologi MARA.
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1368-5201.htm
JMLC
17,4
374
Journal of Money Laundering Control
Vol. 17 No. 4, 2014
pp. 374-384
© Emerald Group Publishing Limited
1368-5201
DOI 10.1108/JMLC-11-2013-0047

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT