Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct – confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the agreement to join together in unlawful conduct. Here the jury’s verdict inevitably mean that the defendants had agreed to launder money of whatever criminal source, and therefore confiscation proceedings were available. Here however the court had failed to carry out the exercise required under s2 of the 1994 Act, and the Attorney General’s appeal failed.
Judges:
Mr Justice Astill Lord Justice Latham The Hon Mr Justice Gray
Citations:
[2004] EWCA Crim 1944, Times 09-Sep-2004
Links:
Statutes:
Drug Trafficking Act 1994 1 2, Criminal Justice Act 1988 71
Jurisdiction:
England and Wales
Cited by:
Cited – Suchedina v Regina; similar CACD 27-Oct-2006
Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired.
Held: . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 11 June 2022; Ref: scu.199312