Q&As

If an overseas client obtained property through an activity that was legal in the country in which they are based and in which the property was obtained but is illegal in the UK, are those funds considered proceeds of crime and criminal property under the Proceeds of Crime Act 2002?

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Published on LexisPSL on 11/07/2016

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • If an overseas client obtained property through an activity that was legal in the country in which they are based and in which the property was obtained but is illegal in the UK, are those funds considered proceeds of crime and criminal property under the Proceeds of Crime Act 2002?

If an overseas client obtained property through an activity that was legal in the country in which they are based and in which the property was obtained but is illegal in the UK, are those funds considered proceeds of crime and criminal property under the Proceeds of Crime Act 2002?

Criminal property is property that constitutes or represents a person’s benefit, in whole or in part, from criminal conduct. The location of the property is irrelevant.

Criminal conduct is all conduct that constitutes an offence in any part of the UK.

Overseas conduct that is legal in the country where it took place does not amount to criminal conduct under the Proceeds of Crime Act 2002 (POCA 2002), even if it would be a criminal offence in the UK unless that overseas conduct would attract a maximum sentence of more than 12 months’ imprisonment if it occurred in the UK. This is thanks to the

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