Money laundering refers to the process of a person receiving money through criminal means such as dealing drugs and making it seem like it was legitimately earned. The Courts are of the view that money laundering is a critical component of criminal activities since it helps criminal make money through their illegal activities that they can use in their daily lives.
The increase of investigative powers of authorities means that you or your business can find yourself under scrutiny if the suspicion ever arises. The reasons for this may vary and it may actually be in relation to the individuals or businesses you or your company has had dealings with in the past.
If you are facing accusations of having committed money laundering offences and there is a threat of your assets being confiscated, you need the services of a good money laundering barrister in the UK.
The Proceeds of Crime Act of 2002 creates several separate criminal offences of money laundering that include hiding, obtaining, and removing criminal property. These offences can be very serious and carry a maximum sentence of 14 years imprisonment.
Confiscation proceedings on behalf of clients that have either been convicted or pleaded guilty of profitable offences can themselves be a major battleground and carry very serious consequences. Now, every prosecuting authority has a team of dedicated lawyers and investigators that specialize in confiscating people's assets.
Top-notch preparation of the defence response is critical since it is the defendant that needs to prove to the court that his or her realizable assets are of lesser value than that the prosecution claims. In case an order is made against the client and he or she fails to pay, the court usually orders an additional imprisonment sentence of up to 10 years. The client will have devastating results if he or she has a poorly prepared defence.
If you choose a specialist money laundering barrister you will enjoy several benefits. First, the barrister can probably act for clients both in the High Court for the civil recovery cases and in the Crown Court for the proceeds of criminal confiscation cases. The barristers renowned advocacy combined with vast experience in all aspects of asset recovery and confiscation makes him or her a critical component of your case.
People convicted of drug offences or financial crimes usually face asset confiscation charges in the Crown Court. However, even when there has been no achievement of a criminal conviction, if it is suspected that some unaccounted for monies from unlawful sources exist, the authorities can bring proceedings in the High Court for civil recovery.
High Court proceedings are usually much easier to prove than criminal cases in the Crown Court and authorities frequently resort to them. You must challenge them strongly and your defence should be meticulously prepared and present your case powerfully in court to have a chance at success.
In case you are facing or are currently charged with money laundering matters, you need to ensure that you seek expert legal advice from an experienced money laundering barrister as soon as possible.