The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume operation of the mandate. Held: The request for judicial review was refused. Judges: … Continue reading Regina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency: Admn 2007
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Akhtar had arranged with a mortgage broker to obtain money from lenders by submitting false mortgage applications on behalf of third parties. He was prosecuted under section 328. The prosecution argued that Akhtar was guilty because he entered into an arrangement which he knew would facilitate the acquisition of property for third parties by deception, … Continue reading Amir and Another, Regina v: CACD 23 Nov 2011
The defendant appealed against his conviction for money laundering. He had paid through his bank account a sum derived from a fraud. Judges: Aikens LJ, Keith, Thirlwall JJ Citations: [2011] EWCA Crim 767, [2011] Lloyd’s Rep FC 416 Links: Bailii Statutes: Proceeds of Crime Act 2002 328(1) Jurisdiction: England and Wales Crime Updated: 26 September … Continue reading Regina v Long: CACD 15 Mar 2011
The defendant appealed from his conviction under section 328. He had been arranging to buy what he admitted he thought may be a stolen car. Held: The parties had nor reached agreement even as to the purchase price, and no further steps had been taken to identify a sub-purchaser. The conviction was quashed. Judges: Bean … Continue reading Dare v Crown Prosecution Service: Admn 13 Jul 2012
Appeal against confiscation order. Judges: Toulson LJ, Walker J, Wadsworth QC HHJ Citations: [2008] 1 Cr App R (S) 51, [2008] Crim LR 62, [2007] EWCA Crim 1536 Links: Bailii Statutes: Proceeds of Crime Act 2002 328(1) 329(1) Criminal Sentencing Updated: 13 September 2022; Ref: scu.440356
Citations: [2011] EWCA Crim 146, [2011] 1 Cr App Rep 37, [2011] Lloyd’s Rep FC 316 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 September 2022; Ref: scu.428636
The court conisdered the effects of the provisions of the 2002 Act to be to ‘force a party in NatWest’s position to report its suspicions to the relevant authorities and not to move suspect funds or property either for seven working days or, if a notice of refusal is sent by the relevant authority, for … Continue reading Squirrell Ltd v National Westminster Bank Plc: ChD 22 Apr 2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
Appeal from convictions of money laundering Judges: Sir Anthony May, President of the Queen’s Bench Division Citations: [2011] EWCA Crim 1776 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Crime Updated: 12 April 2022; Ref: scu.442025
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015
The defendant had pled not guilty to a charge of entering into a facility which would facilitate money laundering. The court upheld that plea. The prosecutor now appealed. Held: The appeal failed, although under section 328 it is not necessary for criminal property to exist at the moment when parties come to a prohibited arrangement, … Continue reading G and Another, Regina v: CACD 5 Dec 2013
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves. Held: The appeal failed. The public interest required that those alleged to be in the possession of property belonging to a third party should be allowed to … Continue reading Kensington International Ltd v Republic of Congo: CA 7 Nov 2007
The defendant agreed to help a friend named Harrington to hide some money for a period. Under the arrangement Harrington transferred around andpound;123,000 into the defendant’s bank account. The defendant used some of it to make some purchases for Harrington and, after an interval, he repaid the balance to Harrington less about andpound;5,000. The prosecution’s … Continue reading Geary, Regina v: CACD 30 Jul 2010
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs. Held: The customer’s appeal failed. Parliament had laid down a proper procedure and the bank had followed it: ‘if a … Continue reading K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009
The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people . .
Appeal from conviction of entering into or becoming concerned in a money laundering arrangement, contrary to section 328 of the Proceeds of Crime Act 2002. Citations: [2020] EWCA Crim 47 Links: Bailii Jurisdiction: England and Wales Crime Updated: 20 October 2022; Ref: scu.647066
Application for leave to appeal against his conviction of fraud by false representation, contrary to section 1 of the Fraud Act 2006 (count 1) and being concerned in a money laundering arrangement, contrary to section 328 of the Proceeds of Crime Act 2002. [2021] EWCA Crim 819 Bailii England and Wales Crime Updated: 07 December … Continue reading Louanjli, Regina v: CACD 7 May 2021
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009