Conspiracy to commit money laundering is a very serious offence in the UK and anyone charged with or prosecuted for this offence will face wide-ranging legal consequences. That is why getting help from an experienced money laundering solicitor is imperative. This article explains what conspiracy to commit money laundering is, how it can be committed, and what the possible sentences are. It also discusses whether first-time offenders could be incarcerated – sent to prison – for this offence and where accused individuals should go for help.
Money laundering conspiracy is an offence under the Proceeds of Crime Act 2002 and the Bribery Act 2010. It is a conspiracy to arrange, acquire, possess, use or control the proceeds of criminal conduct.
To be guilty of money laundering conspiracy, the prosecution must prove that:
Three sections of the Proceeds of Crime Act 2002 are involved in money laundering cases:
Note that the defendant does not need to have actually committed money laundering in order to be guilty of money laundering conspiracy. It is sufficient if they agreed to engage in money laundering and intended to do so.
Note also that the Bribery Act 2010 specifically mentions money laundering conspiracy as one of the offences that commercial organisations can be held liable for under the strict liability offence. This means that a commercial organisation can be fined for money laundering conspiracy even if it was not aware of the conspiracy and did not benefit from it.
Here are some examples of money laundering conspiracy offences in the UK:
If you are suspected of committing money laundering conspiracy in the UK, you could face serious legal consequences. Here’s what can happen if you are suspected of such a crime:
If you are suspected of being involved in a money laundering conspiracy in the UK, it is crucial that you obtain the advice of an experienced money laundering solicitor to understand your rights and options throughout the legal process. Money laundering is taken very seriously in the UK, and legal penalties can be incredibly damaging to your personal and professional life.
The sentence for an offence involving money laundering conspiracy under the Proceeds of Crime Act 2002 is the same as the sentence for money laundering itself, which is up to 14 years in prison. The court will consider a number of factors when sentencing an offender for money laundering conspiracy, including:
The court will, for example, consider whether the offender was a key player in the conspiracy, whether they benefited financially from the conspiracy, and whether the conspiracy involved a large amount of money.
The court is also likely to consider the impact of the offence on the victim(s). For example, if the conspiracy involved the proceeds of drug trafficking, the court will consider the impact of the drug trafficking on the victims of the drug-related crimes.
The court may also consider the offender’s personal circumstances, such as their age, health, and family commitments.
The best way to understand what sentence you might face is to obtain the advice of a criminal defence solicitor who can talk you through similar cases and explain what factors that judge might look at in your particular circumstances.
Money laundering conspiracy is a serious offence, and even first time offenders can be sent to prison. That said, the likelihood of a first time offender going to prison is lower than the likelihood of a repeat offender going to prison.
The court will take a number of factors into account when sentencing a first time offender for money laundering conspiracy, including:
The court is also likely to consider the offender’s personal circumstances, such as their age, health, and family commitments.
According to the Sentencing Council, the average custodial sentence for a money laundering offence in 2021 was 3 years. However, the range of sentences was very broad, with some offenders receiving sentences of less than 6 months and others receiving sentences of more than 7 years.
If you are a first time offender charged with money laundering conspiracy, it is important to seek legal advice as soon as possible. A lawyer can help you to understand the charges against you and to represent you in court.
For more information on the offence of money laundering conspiracy and to get help with the specifics of your case, get in touch with the experienced team at Stuart Miller Solicitors today. Our solicitors are experts in this field of law and may even be able to get your case dropped before it reaches trial and has the chance of damaging your public and private reputation.
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