The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
Employees must report their concerns to your nominated officer, who is then under a legal obligation under the Proceeds of Crime Act 2002 (POCA 2002) and Terrorism Act 2000 (TA 2000) to report any knowledge or suspicion of money laundering or terrorist financing to the National Crime Agency (NCA) through a suspicious activity report (SAR).
The NCA allocates those SARs to trained financial investigation officers for further investigation. Intelligence from SARs may then be disseminated by the NCA to other law enforcement or government agencies (LEAs) which may need further information.
Where additional information is required following a SAR, it will generally be obtained through enforcement action (usually a production order) under POCA 2002. While you must comply with any court order, you are also required to keep your client's information confidential; see Practice Note: SARs and confidentiality.
This Practice Note explains the various enforcement actions you may come across during a financial crime investigation, including production orders and search and seizure warrants.
If you are the subject of a financial crime investigation, or are unsure of how to appropriately comply with a request from an LEA, you should seek legal advice from a specialist criminal law solicitor.
For information on who enforces the financial crime prevention regime, see Practice Note: Financial crime investigations—who are the enforcers?
For information on handling and responding to financial crime investigations, see Practice Note:
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