A7.107 Tipping off

A7.107 Tipping off

If a person such as an accountant, tax adviser or solicitor knows or suspects that his client is engaged in money laundering his first thought may be to cease acting for the client as quickly as possible (unless he can persuade the client to disclose the offence to the appropriate authority). Before doing so, he needs to consider whether ceasing to act might trigger the offence of tipping off.

Specific legislation covers the offence of tipping off in the regulated sector, subject to exceptions.

A person commits the offence if:

  1.  

    (a)     he discloses that he (or another person) has made a disclosure to a constable, officer of HMRC, nominated officer or authorised officer of the National Crime Agency of information that came to that person in the course of a business in the regulated sector

  2.  

    (b)     the disclosure made under (a) is likely to prejudice any investigation that might be conducted following the disclosure so disclosed, and

  3.  

    (c)     the information on which the disclosure made under (a) is based came to him in the course of a business in the regulated sector1

No such offence is committed where the person does not know or suspect that the disclosure is likely to prejudice any investigation under (b)2.

A person commits an offence if:

  1.  

    (a)     he discloses that an investigation into allegations that an offence under the money laundering provisions has

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