Money laundering under POCA
The principal money-laundering offences are contained in sections 327 to 329 of the Proceeds of Crime Act 2002. Broadly, they concern concealing, disguising, converting, transferring or removing criminal property; entering into arrangements involving criminal property; and acquiring, using or possessing criminal property. The exact offence, mental element and statutory defences must be analysed against the facts.
The transaction history needs an explanation, not a label.
A large transfer, cash deposit or use of another account may look suspicious in isolation. The defence should reconstruct ownership, purpose, source, communications and what the client actually knew or suspected at the relevant time.
Evidence we examine
Banking records
Statements, account-opening documents, transaction narratives, payment references and the sequence of incoming and outgoing funds.
Source of funds
Contracts, invoices, sale records, wages, tax documents, loans, gifts and other objective evidence supporting legitimate provenance.
Messages and devices
Chats, emails, contacts, instructions and digital material may be relied upon to prove or rebut knowledge, suspicion and participation.
Commercial context
A transaction can only be understood properly against the underlying business, employment, family or investment relationship.
Knowledge and suspicion
The prosecution case may depend on what the defendant knew or suspected about the property and the circumstances. That is fact-sensitive. The defence may involve the client's actual understanding, the information available at the time, commercial explanations, the role of other participants and whether inferences drawn from financial patterns are justified.
Police interview and pre-charge strategy
Financial cases can involve extensive disclosure and a temptation to answer broad questions from memory. Before interview, identify the accounts and transactions likely to matter and avoid guessing. Where appropriate, later pre-charge representations can address documents or explanations that materially affect the charging decision.
Parallel restraint, account-freezing and confiscation proceedings
Money-laundering investigations can overlap with restraint orders, Account Freezing Orders, cash seizure and post-conviction confiscation. Each regime has different legal tests and procedural consequences. The criminal defence and asset strategy should be coordinated.
Frequently asked questions
Can I be accused of money laundering without being accused of the original crime?
Yes. A money-laundering allegation can concern property said to represent the proceeds of criminal conduct committed by another person. The prosecution must still prove the elements of the charged offence.
Does receiving suspicious money prove money laundering?
No. The relevant mental element and other statutory ingredients must be established. The circumstances and explanation for the funds matter.
Can my account be frozen before I am charged?
Potentially. Civil-recovery powers such as Account Freezing Orders can operate without a criminal charge, subject to their own statutory requirements.
What should I send you?
Send the allegation or police paperwork, interview date if fixed, relevant account statements, transaction references and documents explaining the source and purpose of the disputed funds.