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Part II Public Obligations and Regulatory Responsibilities, A Offences, 7 Money Laundering Offences under POCA 2002 »

Rudi Fortson QC
From: Banks and Financial Crime: The International Law of Tainted Money (2nd Edition)
Edited By: William Blair, Richard Brent, Tom Grant
This chapter begins by providing an introduction to the issue of money laundering by looking at the scale of it on the international level and the current rules and provisions. It next provides a brief history of UK money laundering legislation. Specifically it looks at the position prior to the Proceeds of Crime Act (POCA) 2002. It examines current money laundering statutory provisions and European Union (EU) instruments which are employed to combat money laundering. The next section of the chapter looks at the words, phrases, and concepts of POCA 2002. It also examines the main money laundering offences. Other offences are discussed in detail. It ends with a look at the various institutions and professionals required to prevent money laundering.

Part II Public Obligations and Regulatory Responsibilities, A Offences, 8 The Terrorism Acts and Conspiracy »

Rudi Fortson QC
From: Banks and Financial Crime: The International Law of Tainted Money (2nd Edition)
Edited By: William Blair, Richard Brent, Tom Grant
This chapter looks at acts of terrorism and the issue of conspiracy. It starts by defining ‘terrorism’ and looking at various acts of terrorism and the history of terrorism and how the latter relates to money laundering. It then considers money laundering offences in particular and conspiracy to commit such offences. It looks at the example of the Salik case. In relation to this case, it considers the issue of property identified versus property not identified. It concludes this section of the chapter by looking at the implications of the Salik case. This discussion leads to the question: is knowledge relevant if the defendant intended to commit a crime?