Money laundering offences—the arrangement offence
Produced in partnership with Jessica Parker of Corker Binning
Money laundering offences—the arrangement offence

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—the arrangement offence
  • The arrangement offence under POCA 2002, s 328
  • Defences to a POCA 2002, s 328 offence
  • Sentences for offences under POCA 2002, s 328
  • Confiscation and the arranging offence

This Practice Note concerns the arrangement offence under section 328 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—concealing, disguising, converting, transferring and removing and Money laundering offences—acquisition, use and possession.

The arrangement offence under POCA 2002, s 328

This offence is committed where a person enters into or becomes concerned in an arrangement that they know or suspect facilitates (by whatever means) the acquisition, retention, use or control of criminal property, by or on behalf of another person.

For detailed guidance on what constitutes criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property?

The prosecution has to prove that the arrangement is one which the defendant knew or suspected 'facilitates' acquisition by or on behalf of another person. It is not enough to prove a future event or possible future event as it does not state 'will facilitate' or still less 'will probably facilitate'. At the time of the facilitating, the other person has to be identified or at least identifiable.

The offence can be committed where a defendant has

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