Chapter 3: Transnational Offences
71
another person to acquire, retain, use or control criminal property and to acquire,
use or control criminal property. Criminal property is defined as being property
which the alleged offender knows or suspects constitutes or represents benefit from
any criminal conduct.
122
This legislation creates a new offence of failing to disclose suspicions that someone
is engaged in money laundering activities. However, the duty to report is restricted
to persons who receive information in the course of a business in the regulated sector,
which is defined in Sched 9 to the Act.
123
Regulated sector businesses are required to
nominate a Money Laundering Reporting Officer
124
who will incur criminal liability
for failing to disclose an employee’s suspicion to the National Criminal Intelligence
Service (NCIS) as soon as is practicable.
125
It is also an offence to disclose information
likely to prejudice a money laundering investigation.
126
The maximum penalty for
these offences is five years’ imprisonment. The Act provides for confiscation of
proceeds derived from the defendant’s criminal conduct. If the court is satisfied that
the defendant has a criminal lifestyle, the confiscation order can relate to the proceeds
of any criminal conduct whenever it occurred.
127
In line with earlier confiscation
legislation, the court is permitted to make assumptions in respect of the amount the
defendant has benefited from criminal conduct.
The Proceeds of Crime Act 2002 also introduces specific coercive powers to assist
with investigations into money laundering. These powers are more intrusive than
were previously available in an investigation into the proceeds of crime and have
been justified on the ground that the government is committed not only to prosecuting
crime but also to confiscating the proceeds of crime. A code of practice has been
issued to provide guidance to the agencies exercising these powers.
128
The Act
provides that in confiscation and money laundering investigations, applications can
be made to a circuit judge for production orders, warrants for entry, search and seizure
and customer information and account monitoring orders. Warrants issued under
this legislation differ from those issued under the Police and Criminal Evidence Act
1984 (PACE) in that applications can be made without giving notice to the person
whose premises will be searched.
129
However, provision is made to allow some of
the search warrant provisions of PACE to apply to search warrants sought under
this legislation in respect of money laundering investigations. The new powers of
investigation are limited to confiscation investigations, civil recovery investigations
and money laundering investigations. Whether this legislation is entirely convention
compliant remains to be seen.
122
Do'stlaringiz bilan baham: