COULD I GET A SUSPENDED SENTENCE FOR HAWALA BANKING AND MSBS?

If you have been accused of operating an illegal hawala banking system or running an unregistered money service business (MSB), you likely have questions about the potential penalties, whether imprisonment is inevitable, and what options might be available to you. This article aims to provide you with a clear understanding of offences relating to hawala banking and MSBs, the sentencing possibilities, how suspended sentences operate, and the practical steps you can take to secure the best possible result.

What is hawala banking and what are MSBs?

Hawala is an informal method of transferring money without physical movement of currency, often used to send funds across international borders. It operates on trust and relies on a network of hawala dealers who settle accounts between themselves. Whilst hawala itself has legitimate historical and cultural roots, operating such a system in the UK without proper registration and controls is illegal.

Money service businesses (MSBs) include currency exchange providers, cheque cashers, and money transmission services. Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, anyone operating an MSB in the UK must register with HM Revenue and Customs (HMRC) and comply with strict anti-money laundering obligations. Operating without registration, or failing to implement adequate controls, constitutes a criminal offence.

Offences can include operating an unregistered MSB, failing to conduct customer due diligence, not reporting suspicious transactions, or facilitating money laundering. The Proceeds of Crime Act 2002 also criminalises money laundering activities, which can apply where hawala systems are used to disguise the origins of criminal funds. For example, someone running an informal money transfer business from a shop without registering with HMRC, or transferring money without verifying customers’ identities, would be committing offences under these regulations.

What are the usual sentences for hawala banking and MSB offences?

Sentencing for these offences varies considerably depending on the circumstances. The maximum penalty for money laundering offences under the Proceeds of Crime Act 2002 is 14 years’ imprisonment. For breaches of the Money Laundering Regulations, the maximum sentence is 2 years’ imprisonment and an unlimited fine. However, many cases involve concurrent sentencing for multiple offences, and not all result in custody.

Courts consider the scale of the operation, the amounts involved, the duration of offending, and whether the activity facilitated more serious crimes such as terrorism or drug trafficking. Smaller-scale operations involving lower amounts and no links to serious criminality may attract community orders or suspended sentences, particularly for first-time offenders. Conversely, large operations moving millions of pounds, especially where there is evidence of deliberate money laundering or terrorist financing, will almost certainly result in immediate imprisonment.

The Sentencing Council’s guidelines for fraud and money laundering offences provide a framework, categorising cases by harm (the amount of money involved or facilitated) and culpability (the level of planning, sophistication, and the defendant’s role).

What is a suspended sentence and how does it work?

A suspended sentence means the court has decided your offence warrants imprisonment, but allows you to serve that sentence in the community rather than in custody, subject to strict conditions. The court specifies both the length of the prison sentence (which can be up to 2 years) and the suspension period (between 6 months and 2 years).

During the suspension period, you must comply with requirements imposed by the court. These might include unpaid work, attending rehabilitation activities, observing a curfew monitored by an electronic tag, or residing at a specified address. If you satisfy all requirements and commit no further offences during the suspension period, the sentence expires and you do not go to prison. However, if you breach any requirement or are convicted of another offence, the court will usually activate the suspended sentence, sending you to prison for the original term in addition to any penalty for the new matter.

A suspended sentence is not a lenient option. It represents the court’s view that your conduct merits imprisonment, but that exceptional circumstances justify giving you an opportunity to demonstrate you can comply with court orders and remain law-abiding.

Can hawala banking and MSB offences result in a suspended sentence?

Suspended sentences are possible for hawala banking and MSB offences, though whether one is appropriate depends entirely on the specific facts. Courts must consider whether the custody threshold has been crossed (meaning only imprisonment is adequate), and then whether there are grounds to suspend that sentence.

If you operated a small-scale, short-term MSB without registration, involved modest sums, had no knowledge of links to serious crime, and have no previous convictions, a suspended sentence is a realistic possibility. Courts are more inclined to suspend sentences where defendants show remorse, have made efforts to comply with regulations retrospectively, and where personal circumstances (such as caring responsibilities or health issues) provide strong mitigation.

However, if the operation was large-scale, ran for an extended period, involved substantial sums, or there is evidence you deliberately facilitated money laundering or knew funds derived from crime, immediate custody becomes significantly more likely. Previous convictions for similar offences or breaches of trust also weigh heavily against suspension.

What factors do courts consider when deciding on a suspended sentence for hawala banking and MSB offences?

When determining whether to suspend a sentence, judges undertake a careful analysis of numerous factors. The financial scale is critical: larger sums increase the harm caused and reduce the likelihood of suspension. The duration of offending also matters; prolonged operations suggest deliberate disregard for the law.

• The court examines your role and level of knowledge. Were you the organiser, or merely an assistant following instructions? Did you know the funds were derived from crime, or did you negligently fail to make adequate enquiries?
• Your personal circumstances carry weight. Evidence of good character, stable employment, family responsibilities, or health problems can support suspension. Demonstrating remorse through early admissions or cooperation with authorities strengthens your case.
• The court also considers your likelihood of reoffending. If you have taken steps to understand your legal obligations and ceased the unlawful activity, this favours suspension. Your willingness to comply with suspended sentence requirements is relevant.
• Aggravating factors include previous convictions, attempts to conceal the operation, or obstruction of investigations. Mitigating factors such as genuine ignorance of legal requirements or cultural misunderstandings can reduce culpability.

How serious does the offence have to be for a prison sentence for hawala banking and MSB offences?

Immediate imprisonment is reserved for cases that cross the custody threshold, meaning the offence is so serious that only a custodial sentence can be justified. This typically involves substantial sums of money, sophisticated operations, lengthy durations, or clear evidence of facilitating serious criminality.

For instance, operating a large hawala network transferring millions of pounds over several years, particularly where transactions were deliberately structured to avoid detection or involved funds from drug trafficking, would almost certainly result in immediate custody. Similarly, operating an MSB with knowledge that it was being used for terrorist financing would attract a substantial prison sentence.

At the lower end, someone who operated a small MSB for a few months, handling modest amounts, with no links to other criminality and no previous convictions, might receive a community order or suspended sentence, particularly if there were mitigating personal factors. The presence of aggravating factors – such as previous similar convictions or breach of a position of trust – makes immediate custody more likely even in less serious cases.

What can I do to improve my chances of getting a suspended sentence for hawala banking and MSB offences?

Securing the best outcome requires proactive steps from the outset. Obtaining expert legal representation is paramount. Specialist criminal defence solicitors can scrutinise the evidence, identify weaknesses in the prosecution case, and present your personal mitigation effectively.

Demonstrating genuine remorse is vital. This includes making full admissions where appropriate, cooperating with investigators, and showing understanding of why the regulations exist. If possible, taking steps to regularise your position (like registering with HMRC or ceasing the unlawful activity immediately) demonstrates willingness to comply.

Gather evidence supporting your personal circumstances: references from employers, medical evidence for health issues, proof of caring responsibilities, or evidence of financial hardship that led to the offending. If underlying issues contributed (e.g. a lack of understanding about regulations, language barriers, or pressure from others) document these with supporting evidence.

If you can demonstrate efforts to understand and comply with your obligations going forward, this supports the argument that you are unlikely to reoffend. Consider voluntary attendance at compliance courses or seeking advice from regulatory bodies. Express willingness to undertake any requirements attached to a suspended sentence, and ensure your circumstances allow compliance.

Where to get more help

Facing allegations involving hawala banking or MSB offences requires immediate expert assistance. At Stuart Miller Solicitors, our experienced criminal defence team has successfully represented clients in complex financial and regulatory cases for decades. Contact us today for a free, confidential consultation to discuss your case and explore your options.

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Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

Kiran was exceptional in handling our case. Right from the outset, she instilled a sense of calm, demonstrating a high level of professionalism and providing invaluable assistance in swiftly resolving matters. I wholeheartedly endorse their services and would highly recommend Stuart Miller Solicitors.Kiran's commitment, support, and professionalism were beyond what we could have asked for

Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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