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Money laundering – entering into an arrangement – s328 PoCA 2002 by David Winch

Member: Nifa

Prosecutors are sometimes tempted, unwisely, to strain the meaning of statutory provisions in order to charge a defendant.  There have been a couple of successful appeals recently against money laundering convictions unders328 Proceeds of Crime Act 2002 where a defendant has been charged with “entering into or becoming concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person”.

In effect the courts have held that this statutory provision should be given its natural meaning and not artificially stretched to cover situations which it had not originally been intended to encompass. 

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