Proceeds of crime training: bringing it up to date
| Date | 03 July 2017 |
| Published date | 03 July 2017 |
| Pages | 437-448 |
| DOI | https://doi.org/10.1108/JFC-04-2017-0028 |
| Author | David Chave |
| Subject Matter | Accounting & Finance,Financial risk/company failure,Financial crime |
Proceeds of crime training:
bringing it up to date
David Chave
Teesside University, Middlesborough, UK and Investigation East,
South East Regional Organised Crime Unit (SEROCU), Horsham, UK
Abstract
Purpose –The purpose of this paper is to highlight the limitations of training provided to accredited
nancial investigators, police ofcers generally, the Crown Prosecution Service and the judiciary in relation to
the Proceeds of Crime Act 2002, money laundering, the investigation of nancial crime and the options to
recover the assets of criminals.
Design/methodology/approach –A literature review of the legislation and statutory instruments;
training material; evidence provided to government committees; academic papers and journal articles was
undertaken to identify the intention of the legislation and how this is manifested in the training of those
responsible for dealing with money laundering; cash detention and forfeiture; restraint and conscation.
Findings –The training provided to accredited nancial investigators has failed to progress since the
implementation of the Proceeds of Crime Act 2002 that legislated for its provision. It is limited to the use of the
powers granted to nancial investigators within the Act, ignoring the variety of roles in which an accredited
nancial investigator can be used, as well as the changing face of criminality generally and specically in
terms of fraud and money laundering and the predicate criminality behind it. Additionally, the training for the
Crown Prosecution Service and judiciary is inadequate with insufcient lawyers and judges with expertise in
Proceeds of Crime work. Suggestions for the improvement in training are made with a recommendation that
the training be reviewed regularly to ensure currency and relevance.
Originality/value –This paper serves as a useful review of the existing training picture in nancial
investigation and identies its limitations and areas for improvement. It is essential that nancial
investigation is not viewed as an inconvenience or a niche role and that it is considered essential to the
investigation of organised crime, money laundering, acquisitive and economic crime.
Keywords Training, Terrorist nancing, Organised crime, Financial investigation,
Accreditation of learning, Future trends
Paper type Viewpoint
Historical background
The drive to deal with money laundering as part of the “war against drugs” was accelerated
in the 1980s following at least one high prole case where the manufacturers or suppliers of
illegal drugs were sentenced to terms of imprisonments, but their ill-gotten gains remained
untouched. Operation Julie was a police investigation into the production of LSD on an
industrial scale by two drug rings during the 1970s. It culminated in the arrest of 120 people,
the seizure of enough LSD to make 6.5 million “tabs” and the discovery of large amounts of
money deposited in Swiss bank accounts. An order was made for property valued at
£750,000 to be forfeited under the Misuse of Drugs Act (1971). However, upon appeal, the
House of Lords held that there was no jurisdiction to make such an order because the
defendants were convicted of conspiracy offences and not offences under the Misuse of
highlighted the absence of a conscation regime beyond the powers of the (then) Inland
Revenue.
The current issue and full text archive of this journal is available on Emerald Insight at:
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Crime training
437
Journalof Financial Crime
Vol.24 No. 3, 2017
pp.437-448
©Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-04-2017-0028
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