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Configuring criminal proceeds in money laundering cases in the UK

Zaiton Hamin (Accounting Research Institute, HiCoE, MOHE, Malaysia and Faculty of Law, UiTM, Shah Alam, Malaysia)
Wan Rosalili Wan Rosli (Faculty of Law, UiTM, Shah Alam, Malaysia)
Normah Omar (Accounting Research Institute, HiCOE, MOHE, Malaysia and Faculty of Accountancy, UiTM Shah Alam, Malaysia)
Awang Armadajaya Pengiran Awang Mahmud (Prosecution Division, Attorney General Chambers, Putrajaya, Malaysia)

Journal of Money Laundering Control

ISSN: 1368-5201

Article publication date: 7 October 2014

1471

Abstract

Purpose

The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA).

Design/methodology/approach

This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases.

Findings

The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law.

Originality/value

This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.

Keywords

Acknowledgements

This research is financially supported by the Accounting Research Institute, HiCoE, under the Research Grant No 600-RMI/ARI 5/3(55/2012) and the Research Management Institute (RMI), University Teknologi MARA.

Citation

Hamin, Z., Rosalili Wan Rosli, W., Omar, N. and Armadajaya Pengiran Awang Mahmud, A. (2014), "Configuring criminal proceeds in money laundering cases in the UK", Journal of Money Laundering Control, Vol. 17 No. 4, pp. 374-384. https://doi.org/10.1108/JMLC-11-2013-0047

Publisher

:

Emerald Group Publishing Limited

Copyright © 2014, Emerald Group Publishing Limited

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