Principal money laundering offences—mens rea, criminal property and criminal conduct
Principal money laundering offences—mens rea, criminal property and criminal conduct

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

  • Principal money laundering offences—mens rea, criminal property and criminal conduct
  • What is criminal property?
  • Criminal property and the concealing offence
  • What is criminal conduct?
  • Mens rea for money laundering—knowledge or suspicion
  • Secondary liability for money laundering—conspiracy
  • Attempted money laundering

Understanding what may constitute criminal property is critical to understanding the principal money laundering offences under sections 327, 328 and 329 of the Proceeds of Crime Act 2002 (POCA 2002).

Each of these offences require that a person does something with criminal property with a requisite mens rea ie they:

  1. conceal, disguise, convert or transfer what they know or suspect to be criminal property or remove what they know or suspect to be criminal property from the jurisdiction (POCA 2002, s 327)

  2. enter into or become 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 (POCA 2002, s 328)

  3. acquire, use or possess what they know or suspect to be criminal property (POCA 2002, s 329)

For detailed guidance on these offences, see Practice Notes:

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

  2. Money laundering offences—the arrangement offence

  3. Money laundering offences—acquisition, use and possession

What is criminal property?

Criminal property is property which:

  1. constitutes a person’s benefit from criminal conduct or represents such a benefit (whether in whole or part and whether directly or indirectly), and

  2. the alleged offender knows or suspects it represents such a benefit

The mental element (mens rea) of the offence, discussed in more detail below, thus forms part of the definition of criminal

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