Money laundering allegations can follow a wider investigation or nothing more than unexplained funds in an account. Money can be frozen long before any charge.
The main offences under Part 7 of the Proceeds of Crime Act 2002 are concealing, arranging, or acquiring, using or possessing criminal property. The prosecution must show that the property was criminal property and that you knew or suspected it was. The person who committed the original crime does not have to be convicted.
Cash seizures and account freezing orders are civil processes that can run alongside, or instead of, a prosecution. They can take effect without a charge and need a response within short time limits.
Cases range from a single account to multi-handed trials involving tens of millions of pounds. They turn on tracing the money and on what each person knew.
Selected results
- R v M (Canterbury Crown Court)CPS discontinue money laundering prosecution against an LP Evans client. Despite an investigation lasting well over a year, the case was discontinued after solicitors made an application to the court for undisclosed evidence.
Taken from matters the firm has published. Every case turns on its own facts and past results are not a guarantee of any particular outcome.
Questions people ask
Can my bank account be frozen without a charge?
Yes. Account freezing orders and cash seizures under the Proceeds of Crime Act can apply without any conviction or charge.
Is it an offence if I did not know the funds were criminal?
The main offences require knowledge or suspicion. Whether you had it is usually the central issue.
Does the original offender have to be convicted?
No. The prosecution must show the property was criminal property, not that anyone has been convicted of producing it.
I have been contacted by HMRC or the police about my accounts. What should I do?
Do not answer questions about the funds until you have taken advice. What you say can be used in evidence.