Q&As

How might the provisions for calculating a monetary penalty for the purposes of section 146 of the Policing Crime Act 2017 apply in the context of a pension fund, where the fund provides a monthly cashflow to the trustees of a pension scheme for which the trustees have paid a premium? Would the relevant value of the funds or resources be calculated by reference to the monthly payment that corresponds to the benefits payable from the pensions scheme to a sanctioned individual (where one receives payments from the scheme), or would it be, for example, the part of the premium paid by the trustees that relates to the sanctioned individual or some other measure entirely?

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Published on LexisPSL on 02/12/2020

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How might the provisions for calculating a monetary penalty for the purposes of section 146 of the Policing Crime Act 2017 apply in the context of a pension fund, where the fund provides a monthly cashflow to the trustees of a pension scheme for which the trustees have paid a premium? Would the relevant value of the funds or resources be calculated by reference to the monthly payment that corresponds to the benefits payable from the pensions scheme to a sanctioned individual (where one receives payments from the scheme), or would it be, for example, the part of the premium paid by the trustees that relates to the sanctioned individual or some other measure entirely?

If funds are made available (directly or indirectly) to a designated person, or economic resources are made available (directly or indirectly) that would likely be exchanged, or used in exchange, for funds, goods, or services, this may constitute a criminal offence. If funds or economic resources are made available for the benefit of a designated person and they obtain, or are able to obtain, a ‘significant financial benefit’, this may constitute a criminal offence. In this case, ‘financial benefit’ includes the discharge, in whole or in part, of a financial obligation for which the designated person is wholly or partly responsible. For more information, see Practice Note: Financial sanctions—offences.

'Funds' means financial assets and benefits of every kind, including, for example, interest, dividends and other income on or value accruing from or generated b

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