Major Success in Complex POCA Money Laundering Case
Unanimous acquittal secured for client after five-year investigation into alleged money laundering offences.
Our client faced serious allegations of entering into an arrangement to facilitate money laundering, contrary to section 328 of the Proceeds of Crime Act 2002, following a lengthy and complex investigation.
The Prosecution’s Case
The Crown alleged our client had received money from the victims of a sophisticated cloning fraud. In this fraud, investment documents purporting to be from a legitimate company were created to deceive victims into transferring money to accounts controlled by people connected with the fraudsters.
The prosecution alleged that it could be inferred from the fact our client had received money directly from the victims, he was involved in an arrangement to launder the proceeds of the fraudsters’ criminal activity. Notably, he was not accused of any involvement in the fraud itself. He was originally charged with eight other co-defendants, most of whom pleaded guilty by the time of the trial.
The Defence
Our client operated companies selling high-value collectible items. He enjoyed a good reputation as a knowledgeable expert in a very specialised market.
His business included a customer who paid for the items he bought from multiple third-party sources. This practice is not illegal per se, unless there is knowledge or suspicion about the source of the money used, which in any event our client denied).
Importantly, our client was not operating in a regulated sector, and therefore he was not expected to carry out customer due diligence or undergo any anti-money laundering training. When the payment arrived from the victims, our client was legitimately expecting payments from third party sources for items he had sold to his customer. He denied any knowledge or suspicion that these funds represented criminal proceeds, believing them to be legitimate payments from his customer's authorised third-party sources.
Our Approach
We produced Defence Jury bundles showcasing extensive evidence of our client’s professional credentials and standing as a respected salesman. We also obtained compelling character evidence from former customers, friends and family members. Two character witnesses gave their evidence in person at our client’s trial.
The Outcome
Our client was unanimously acquitted by the jury after around three hours’ deliberation.
Ryan Dowding was instructed for counsel from the beginning of the case.