Wives, girlfriends and money laundering
| DOI | https://doi.org/10.1108/13685201011083902 |
| Published date | 12 October 2010 |
| Pages | 405-416 |
| Date | 12 October 2010 |
| Author | Melvin R.J. Soudijn |
| Subject Matter | Accounting & finance |
Wives, girlfriends
and money laundering
Melvin R.J. Soudijn
Netherlands Police Agency, Driebergen, The Netherlands
Abstract
Purpose – The purpose of this paper is to analyse the complicity of wives/girlfriends of a criminal if
she benefits from the proceeds of the criminal’s illicit activities.
Design/methodology/approach – The paper presents analysis of 62 investigations into organised
crime through interviews.
Findings – Although spouses/wives benefit from the criminal proceeds of their husbands, they are
hardly ever prosecuted on this basis alone. Only if they are actively involved in money laundering,
are they more likely to be prosecuted.
Research limitations/implications – Analyzing police data has certain drawbacks.
Socio-economic data are often non-existent.
Practical implications – Relatively, few of the wives/girlfriends were tried in connection with these
crimes. This paper indicates several possible reasons for this.
Originality/value – This paper points out a logical consequence of the legal interpretation of money
laundering.
Keywords Women, Money laundering, Crime research,The Netherlands
Paper type Research paper
Introduction
In November 2008, the three-judge criminal division in Amsterdam found a woman
guilty of money laundering (National Case Law No. BG3838). She had had in her
possession two automobiles, an expensive telephone, and other items, and the judge
ruled that she must have known that they were wholly or in part the proceeds of
a criminal offense. Her defense that her husband had paid for everything was to no avail.
After all, there was nothing to indicate that her husband was a bonafide businessman.
There was no sign that he had access to money from legal business activities. The fact
that he always had cash on him and that she never questioned this practice (as was her
argument), was not accepted as an excuse, but treated as cause for reproach, the idea
being that she must have at least suspected that this was income which had not been
disclosed to the tax authorities. By not questioning the origins of the money while there
was reason to do so, she had “knowingly run the risk that the money used to pay for her
automobiles and telephone and which she received from [her husband] was derived from
a criminal offense.” She received a three-month suspended sentence and 160 hours of
community service.
Although the outcome in this case is not unique (see National Case Law No. AU9128
and AX9100), the courts have sometimes ruled in the other direction. In 2006, for
example, there was a case before the courts involving a suspect’s girlfriend who
The current issue and full text archive of this journal is available at
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The views expressed are personal and in no way represent those of The Netherlands Police
Agency.
Wives,
girlfriends
405
Journal of Money Laundering Control
Vol. 13 No. 4, 2010
pp. 405-416
qEmerald Group Publishing Limited
1368-5201
DOI 10.1108/13685201011083902
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