Question 1

I didn't know where the money was from - can I be convicted of money laundering?

Accepted Answer

You cannot be convicted of transferring criminal property or money laundering if you didn't know or suspect that the money was from crime. You don't have to know exactly what type of crime to be guilty, only that it was from a crime of some sort.

Question 2

How can I end up in a money laundering conspiracy case with people I don't know?

Accepted Answer

It sometimes does happen that a person is in a criminal case with some people they have never met. A conspiracy means a plan to commit an offence or offences with someone else. With money laundering it could be that you are accused of transferring money for others even if you did not know who they were. It's important to remember though that you can't be convicted if you did not know or suspect that the money was criminal.

Question 3

What is transferring criminal property/converting criminal property?

Accepted Answer

Transferring criminal property or converting criminal property under s. 327 of the Proceeds of Crime Act are legal names for the type of money laundering which is the most common in criminal cases. They are used to describe moving money around accounts or via electronic transfer methods, and in the case of converting criminal property, when something is exchanged or sold for cash or anything else with a value.

Question 4

What is money laundering?

Accepted Answer

Money laundering is general term which describes doing various things to criminal money or other property to hide its origin. Examples might be transferring it through a clean bank account, buying physical property with it, moving it around, or just physically hiding it.

Question 5

Will the jury in a money laundering case believe me that I didn't know where the money was from?

Accepted Answer

The jury in a criminal case cannot convict a person unless they are sure that he or she is guilty. With money laundering, they must be sure that the person knew or suspected that there was a criminal origin to the money. The jury will consider what you were told about the origin of the money, and who the person was who told you. If there was a relationship of trust with the person, for example if they were a friend, family member or work colleague, a jury might be more likely to find you not guilty.

Question 6

If I signed something or money went through my account am I guilty of money laundering?

Accepted Answer

Prosecutors will often take a case to court on the basis of a signed form or money that has gone through an account, but juries will often not convict a person on this basis alone if they have an explanation. Cases of family members or close friends asking a person to do a favour can result in a not guilty verdict if they are presented well. The jury will look closely at the relationship, and especially at why the person may have trusted that everything was above board. It's important to have a good firm of money laundering solicitors defending you if this is a situation you face.

Question 7

Will I go to prison for money laundering?

Accepted Answer

Firstly, you cannot go to prison unless you plead guilty or are found guilty by a jury. Whether you get a prison sentence or a suspended sentence (or community order) in a money laundering case often depends on the amount of money involved. Figures in the tens of thousands might result in a person avoiding prison, and figures in the hundreds of thousands might be more likely to result in a prison sentence. BUT every case is different, and there are always exceptions. If you're concerned about the possibly of prison, we recommend you speak to a firm of specialist money laundering solicitors.

Question 8

Will I lose my home if I am convicted of money laundering?

Accepted Answer

Confiscation proceedings under the Proceeds of Crime Act can follow a money laundering conviction, but that doesn't mean you will necessarily lose all your assets. Family homes are often at least partially protected if are a co-owner with your spouse or partner. Proceeds of Crime proceedings are draconian and the prosecution often ask for all assets to be confiscated, but it is quite rare for the court to agree with this. We recommend taking advice from a specialist proceeds of crime / money laundering lawyer if you are in this situation.

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