- Will the CPS’ decision to update its guidance mean an increase in prosecutions for failure to disclose under section 330 of POCA 2002?
Corporate Crime analysis: Recent guidance issued by the Crown Prosecution Service (CPS) on the offence of ‘failure to disclose’ under section 330 of the Proceeds of Crime Act 2002 (POCA 2002) states that it is now ‘possible to charge an individual under section 330 even though there is insufficient evidence to establish that money laundering was planned or has taken place’. Leena Lakhani of Kingsley Napley LLP considers the offence and new guidance and whether it will mean an increase in prosecutions for failure to disclose under POCA 2002, s 330.
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