Money laundering offences—acquisition, use and possession

Produced in partnership with Jessica Parker of Corker Binning

Practice notes

Money laundering offences—acquisition, use and possession

Produced in partnership with Jessica Parker of Corker Binning

Practice notes

This Practice Note covers the offence of acquiring, using or possessing criminal property under section 329 of the Proceeds of Crime Act 2002 (POCA 2002), which is one of the principal money laundering offences under that Act, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further information on the other principle money laundering offences, see Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—the arrangement offence.

The acquisition, use and possession of the proceeds of crime offence

This offence is committed where a person acquires, uses or has possession of criminal property.

For detailed guidance on what constitutes criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property?

As for the mens rea of this offence, mere suspicion will suffice. Dishonesty is not required, nor need the accused know or believe the property in question is criminal property for the substantive offence although, where the prosecution can only

Jessica Parker

Corker Binning

Jessica Parker is a Partner at Corker Binning, a law firm specialising in financial crime, regulatory and police investigations and litigation.

Jessica regularly acts for individuals, financial institutions and companies in investigations and proceedings brought by a wide range of prosecuting bodies. She is ranked for Crime, Financial Crime: Individuals and POCA Work & Asset Forfeiture by Chambers and Partners UK 2019 and is recommended by the Legal 500 2019 in Fraud: White-collar Crime and Professional Discipline. Jessica is also recognised in
��
WWL Thought Leaders - GIR 2019 as a leading practitioner in the areas of Asset Recovery, Business Crime Defence and Investigations.

Jessica has particular experience in corruption and tax fraud investigations and prosecutions and investigations originating overseas. She frequently advises clients within the financial services industry and other regulated professionals.

In connection with her white collar crime practice, Jessica has extensive experience of money laundering, restraint, confiscation and cash seizure proceedings on behalf of defendants and third parties.

Jessica also has a police investigations practice and has represented a number of high profile individuals in relation to the most serious criminal charges, including rape and serious assault.

Jurisdiction(s):

United Kingdom

Key definition:

Money laundering definition

What does Money laundering mean?

money laundering or the use or process of taking the proceeds of criminal activities and making them appear legal is an activity which bankers are required to prevent and report under certain regulations.

��˾��ҹ��