Podcast Location:
Download it here [file size: 44 MB]
Categories:
Criminal Law
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This three-part CPDcast series provides a ten year review of the Proceeds of Crime Act (POCA) 2002 and explores the ways in which POCA has been successful in the fight against money laundering. Part One outlines the law on confiscation and explains the ways in which POCA has departed from earlier confiscation law. Part Two considers the problems associated with civil recovery, how the authorities can improve the rate of recovery in confiscation cases and the principal money laundering offences created by POCA. Part Three analyses recent trends in money laundering prosecutions and considers whether or not the Money Laundering Regulations 2007 place too onerous a burden on those working in the regulated sector to identify clients and undertake customer due diligence to protect the UK financial system.

Outcomes:
After completing the course you will:
  • Understand the ways in which confiscation law has developed under POCA;
  • Have considered the principal money laundering offences under POCA;
  • Be aware of how the courts have interpreted the concept of 'benefit' in determining a pecuniary advantage in confiscation proceedings;
  • Have considered what the concept of ‘criminal lifestyle’ means under POCA;
  • Understand the purpose of a restraint order under POCA during the investigation of money laundering;
  • Be aware of the mens rea required to prove a money laundering offence under POCA;
  • Have considered the prosecution and conviction statistics for money laundering offences released by the CPS;
  • Be aware of the duty placed on those working in the regulated sector by the Money Laundering Regulations 2007.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Angus v United Kingdom Border Agency [2011] EWHC 461 (Admin);
  • ARA v Green and others [2005] EWHC 3168 (Admin);
  • Assets Recovery Agency Director v Szepietowski & Ors [2007] EWCA Civ 766;
  • Bowmen v Fels [2005] EWCA Civ 226;
  • Crown Prosecution Service v Jennings [2008] UKHL 29;
  • Gale v Serious Organised Crime Agency [2011] UKSC 49;
  • Proceeds of Crime Act 2002;
  • Mohammad Ahmad v Her Majesty's Advocate [2009] HCJAC 60;
  • R v Da Silva [2006] All ER (D) 131;
  • R v Waya [2011] 1 Cr. App. R.;
  • Shah v HSBC Private Bank (UK) Ltd [2011] EWCA Civ 1154;
  • The Money Laundering Regulations 2007;
  • Wiese v The UK Border Agency [2012] EWHC 2549 (Admin);
  • Windsor & Hare v CPS [2011] EWCA 143.

In this three-part CPDcast series Jonathan Fisher QC from Devereux Chambers provides a ten year review of money laundering under the Proceeds of Crime Act 2002. He considers changes to the law on confiscation, how the authorities can improve the rate of civil recovery in confiscation cases and the requirements the Money Laundering Regulations 2007 place on those working in the regulated sector to protect the UK financial system.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 30th January 2013

Start this CPDcast Activity

© CPDcast.com