Money laundering offences—concealing, disguising, converting, transferring and removing
Produced in partnership with Jessica Parker of Corker Binning

The following Corporate Crime practice note produced in partnership with Jessica Parker of Corker Binning provides comprehensive and up to date legal information covering:

  • Money laundering offences—concealing, disguising, converting, transferring and removing
  • POCA 2002, s 327 offence of concealing etc criminal property
  • Criminal property and the concealing offence
  • Defences to POCA 2002, s 327 offence
  • Sentences for offences under POCA 2002, s 327
  • Confiscation and the concealing offence

Money laundering offences—concealing, disguising, converting, transferring and removing

This Practice Note concerns the concealing offence under section 327 of the Proceeds of Crime Act 2002 (POCA 2002), which is one of the principal money laundering offences under that Act, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further information on the other principle money laundering offences, see Practice Notes: Money laundering offences—the arrangement offence and Money laundering offences—acquisition, use and possession.

POCA 2002, s 327 offence of concealing etc criminal property

The offence is committed when a person does one of the following:

  1. conceals criminal property

  2. disguises criminal property

  3. converts criminal property

  4. transfers criminal property, or

  5. removes criminal property from England and Wales

POCA 2002, s 327(1)(e) is a way of committing the offence which applies when criminal property is removed from the jurisdiction. In contrast, the other ways of committing the concealing offence under POCA 2002, s 327(1) do not mention geographic limitations. In R v Rogers, the Court of Appeal interpreted this as meaning both this and the other offences under POCA 2002, Pt 7 have extra-territorial effect. Lord Justice Treacy opined:

'The offence of money laundering is par excellence an offence which is no respecter of national boundaries. It would be surprising indeed if Parliament had not intended the Act to have extra-territorial effect (as we

Related documents:

Popular documents