The language in respect of the money laundering offence of concealing or disguising criminal property is drawn from various international conventions. It is therefore surprising, given the number of jurisdictions, which have incorporated that language into their domestic legislation, that more foreign case law is not used to interpret and properly apply these offences. The purpose of this paper is to rectify that position.
This paper uses case law from the USA, where there are frequent money laundering prosecutions, to throw light on the underlying concepts of the concealing or disguising offence and to provide examples of activity which may amount to its commission.
The offence of concealing or disguising criminal property is drafted in broad terms. Many of the issues, which have been explored in the US jurisprudence are likely also to arise in criminal proceedings in the UK.
The paper examines a number of issues, which have not yet been explored by the UK courts. It looks at the approach of the US courts to the differentiation between the mere spending of criminal proceeds and the spending, which is the doing of an act for the purpose of concealing proceeds. It looks at whether concealment must be intended by the defendant's actions or whether it is sufficient if it is an outcome of his actions. It considers how effective any concealment must be and explores the different attributes of criminal proceeds, which may be concealed.
CitationDownload as .RIS
Emerald Group Publishing Limited
Copyright © 2009, Emerald Group Publishing Limited