Money Laundering Law and Regulation

Robin Booth is a partner at BCL Burton Copeland. He specializes in fraud, corruption and money laundering, and advises companies and individuals on corruption and money laundering risk and regulatory compliance. He is a member and former Chair of the Law Society's Money Laundering Task Force, and a former head of the Fraud Division of the Crown Prosecution Service. Simon Farrell QC is a barrister at 3 Raymond Buildings. He is recognized as an expert in commercial and tax fraud, confiscation and money laundering cases. He sits as a Recorder in the Crown Court. Guy Bastable is a partner at BCL Burton Copeland specializing in business crime and regulatory enforcement, including financial regulation, anti-money laundering compliance, asset recovery, and corporate manslaughter. Nicholas Yeo is a criminal barrister at 3 Raymond Buildings. He specializes in fraud and the proceeds of crime.

1. The Background to Anti-money Laundering Law and Regulation ; Introduction ; Money laundering defined ; The process of money laundering ; The rise of global anti-money laundering measures ; The role of the Financial Action Task Force ; The origins of the money laundering offences in international law ; Terrorist financing ; Anti-money laundering law and regulation in the UK ; Offences of money laundering: the mental element ; Implementation of the new money laundering law and regulation ; Conclusion ; 2. The Key Concepts in Money Laundering Law ; Introduction ; Criminal Property ; Criminal Conduct ; The Mental Element: Knowledge, Belief and Suspicion ; 3. The Money Laundering Offences under the Proceeds of Crime Act 2002 ; Introduction ; Overview of Offences ; The Concealing etc. Offence (section 327) ; The Arrangements Offence (section 328) ; Acquisition, Use and Possession Offence (section 329) ; Conspiracy to Money Launder ; Sentencing ; 4. The Money Laundering Offences under the Terrorism Act 2000 ; Introduction ; International Legal Provisions ; UK Terrorist Money Laundering Provisions under Part III of the Terrorism Act 2000 ; Key concepts under the Terrorism Act 2000 ; Definition of <"Terrorist Financing>" in Regulation 2 Money laundering Regulations 2007 ; Section 15 Raising funds for the purposes of terrorism ; Section 16 Use and possession of money or other property for the purposes of terrorism ; Section 17 Funding arrangements for the purposes of terrorism (s 17) ; Section 18 Money Laundering by Concealing, removing from a jurisdiction, or transferring terrorist property (s 18) ; Section 23 Forfeiture ; Section 62 Counter-Terrorism Act 2008 ; The Al Qaida and Taliban (United Nations Measures) Order 2006/2952 ; The Terrorism (United Nations Measures) Order 2009/1747 ; The Terrorism (United Nations Measures) Order 2006/2657 ; Section 22 Penalties ; 5. Disclosure and the SARs Regime ; Introduction ; Disclosures and 'SARs' ; The two different disclosure regimes under POCA: Required and Authorised disclosures ; The SARs regime: structure and purpose ; The SARs regime in practice ; The consent regime ; The role of the nominated officer ; Conclusion ; 6. Disclosure and the Disclosure Offences under the Proceeds of Crime Act 2002 ; Introduction ; Disclosure and offences of failure to disclose ; Authorised disclosures and appropriate consent ; Ancillary provisions ; 7. Disclosure and the Disclosure Offences under the Terrorism Act 2000 ; Introduction ; The disclosure provisions: overview ; Required disclosures: business outside the regulated sector ; Required disclosures: the regulated sector ; Other required disclosures ; Disclosure by constables ; Disclosure and/or consent as a defence ; Protected disclosures ; 8. Unlawful Disclosure and Tipping Off ; Introduction ; Background ; Unlawful disclosures under the Proceeds of Crime Act 2002 ; Unlawful disclosures under the Terrorism Act 2000 ; Conclusion ; 9. Regulation: The Regulated Sector and its Obligations ; Introduction ; The regulated sector - "relevant persons" ; Customer due diligence: the main provisions ; Customer due diligence: simplified due diligence, enhanced due diligence and ongoing monitoring ; Customer due diligence: ancillary provisions ; The requirements under Part 3 of the Regulations ; 10. Regulation: Supervision, Registration and Enforcement ; Introduction ; Supervision ; Registration ; Enforcement: introduction ; Enforcement: investigative powers ; Enforcement: civil penalties ; Enforcement: criminal penalties ; 11. Cash Declaration, Seizure, and Forfeiture ; Cash Declarations ; Recovery of Cash in Summary Proceedings ; Forfeiture of terrorist cash ; 12. The Law in Practice