Money laundering offences—the arrangement offence
Money laundering offences—the arrangement offence

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Money laundering offences—the arrangement offence
  • The principal money laundering offences
  • The arrangement offence under POCA 2002, s 328
  • Defences to a POCA 2002, s 328 offence
  • Authorised disclosures and consent to transactions taking place
  • Sentences for money laundering offences

The principal money laundering offences

The principal money laundering offences set out in sections 327–329 of the Proceeds of Crime Act 2002 (POCA 2002) are commonly known as the 'concealing' offence, the 'arranging' offence and the 'acquisition, use and possession' offence, and are, together, the principle money laundering offences, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences.

The arrangement offence under POCA 2002, s 328

A person commits an offence if:

  1. they enter into or become concerned in an arrangement

  2. which they know or suspect facilitates (by whatever means) the acquisition, retention, use or control

  3. of criminal property

  4. by or on behalf of another person

The arrangement offence is an either-way offence.

This offence potentially catches a large range of involvement in money laundering offences, usually at the layering and integration stage. The offence is drafted in the widest possible terms. The offence can be committed by someone who either enters into or becomes concerned in an offending arrangement and will cover someone who intentionally seeks to get involved in such an arrangement, but also someone who gets embroiled in one and who may never handle the criminal property themselves.

As such it is the most likely of the three substantive money laundering offences to be charged against a professional in