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ARTICLE · 05 NOVEMBER 2009

Money Laundering: The Disappearing Predicate

Peters & Peters Solicitors LLP
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Money laundering as a criminal offence has traditionally had a “dark twin”, a predicate offence which generates the funds to be laundered.

United KingdomGovernment, Public Sector

Article by David McCluskey, Partner in the Fraud and Regulatory Department, Peters & Peters Solicitors

This material was first published by Thomson Legal & Regulatory Limited in the Criminal Law Review, "Money laundering: the disappearing predicate" [2009] Crim. L.R. 719 and is reproduced by agreement with the Publishers.

Money laundering as a criminal offence has traditionally had a "dark twin", a predicate offence which generates the funds to be laundered. Cases decided on the law before the Proceeds of Crime Act (POCA) 2002 required proof that such predicate criminal conduct had in fact generated the money being laundered.1 Not without some doubt,2 recent cases decided under the POCA 2002 have gradually undermined the significance of the actual source of the funds. The Court of Appeal in Anwoir 3 found (at [21]) that there are two ways in which the Crown can prove the property is criminal property,

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