Tipping-off and prejudicing an investigation

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Practice notes

Tipping-off and prejudicing an investigation

Published by a ��˾��ҹ�� Risk & Compliance expert

Practice notes

There are several offences of tipping-off and prejudicing an investigation that apply to the regulated sector. There is also an offence of prejudicing an investigation that applies only to the unregulated sector. Both sectors are subject to an additional offence of interfering with documents.

This Practice Note discusses the offences of tipping-off and prejudicing an investigation under the Proceeds of Crime Act 2002 (POCA 2002). It reflects the requirements of the money laundering, Terrorist Financing and Transfer of funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended.

For more information on what constitutes the regulated sector, see Practice Note: Money laundering—key information for businesses.

Suspicious activity report (SAR)

The principal money laundering offences are:

•
concealing criminal property
•
being concerned in an arrangement that facilitates money laundering
•
possessing criminal property

POCA 2002 imposes an obligation to report knowledge or suspicions of money laundering. This is done by way of a SAR.

You will have a defence to a principal money laundering offence if you make a SAR to

Jurisdiction(s):

United Kingdom

Key definition:

Requirements definition

What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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