There are three principal money laundering offenses under POCA.
Elements of Concealing Criminal Property
- A person commits an offense if (s)he conceals, disguises, converts, transfers or removes from the jurisdiction
- property which is (or represents) the proceeds of crime (criminal property)
- which the person knows or suspects to be criminal property.1
Elements of Arranging Criminal Property
- A person commits an offense if (s)he enters or becomes concerned in an arrangement
- which (s)he knows or suspects will facilitate another person in acquiring, retaining, using or controlling criminal property and
- the person knows or suspects that the property is criminal property.2
Elements of Possessing Criminal Property
- A person commits an offense if (s)he acquires, uses or has possession of property
- which the person knows or suspects represents the proceeds of crime.3
POCA Section 330 also requires individuals in the regulated sector to report suspicious activity to the Money Laundering Reporting Officer or relevant authorities. For more on reporting obligations, see here.
1 Proceeds of Crime Act 2002 (POCA), c. 29, § 327 (UK).
2 POCA § 328.
3 POCA § 329.