Financial Crime Unit
Detective Sergeant Mike Venables
10th May 2011
ML Offences
Concealing, disguising, converting, transferring or
removing criminal property from the Island.
Entering or becoming concerned in an arrangement
which facilitates the acquisition, retention, control
or use of criminal property by or on behalf of
another.
Acquiring, using or possessing criminal property.
Now includes laundering your own property.
Criminal Conduct
Conduct is criminal if;
It constitutes an offence on the Island, or
Would constitute an offence on the Island if the
conduct had occurred here.
There are defences for ML offences if the conduct
was outside the Island and it was not unlawful in
the country it took place (must know), and
Is not of a description described by the DHA (UK
any offence which carries over 12 months
imprisonment)
Suspicion
Law requires you and your staff to
report knowledge and suspicions of
money laundering – not activities that
are merely unusual.
There is no ‘right level’ of internal
reporting suspicion.
Shah & Anor v. HSBC
Suspicion
Must involve money laundering.
“must think that there is a possibility, which
is more than fanciful, that the relevant facts
exist. A vague feeling of unease would not
suffice. But the statute does not require the
suspicion to be ‘clear’ or ‘firmly grounded
and targeted on specific facts’ or based on
‘reasonable grounds’.
Failure To Disclose (1)
A person commits an offence if the conditions in subsections (2) to (4) are
satisfied.
(2) The first condition is that the person(a) knows or suspects; or
(b) has reasonable grounds for knowing or suspecting
that another person is engaged in money laundering.
(3) The second condition is that the information or other matter(a) on which the person’s knowledge or suspicion is based; or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to that person in the course of a business in the regulated sector.
Failure to Disclose (2)
(4) The third condition is-
(a) that the person can identify the other person mentioned in
subsection (2) or the whereabouts of any of the laundered property; or
(b) that the person believes, or it is reasonable to expect the person to
believe, that the information or other matter mentioned in subsection
(3) will or may assist in identifying that other person or the whereabouts
of any of the laundered property.
(5) The fourth condition is that the person does not make the required
disclosure to(a) a nominated officer; or
(b) a constable or customs officer serving (in either case) with the
Financial Crime Unit of the Isle of Man Constabulary,
Failure To Disclose
DefenceThat person has a reasonable excuse for not making
the required disclosure.
Legal adviser etc
Organisational damage limitation is unlikely to be a
reasonable excuse!
Authorised Disclosures (1)
(a) it is a disclosure to(i)
a constable or customs officer serving (in either case) with
the Financial Crime Unit of the Isle of Man Constabulary;
(ii)
a nominated officer,
or
by the alleged offender that property is criminal property;
(b) it is made in the form and manner (if any) prescribed for the
purposes of this subsection by order under section 155; and
(c)
the first, second or third condition set out below is satisfied.
Authorised Disclosures (2)
(2) The first condition is that the disclosure is made before the alleged
offender does the prohibited act.
(3) The second condition is that(a) the disclosure is made while the alleged offender is doing the
prohibited act;
(b) the alleged offender began to do the act at a time when, because
the alleged offender did not then know or suspect that the property
constituted or represented a person’s benefit from criminal conduct, the
act was not a prohibited act; and
(c) the disclosure is made on the alleged offender’s own initiative and
as soon as is practicable after the alleged offender first knows or
suspects that the property constitutes or represents a person’s benefit
from criminal conduct.
Authorised Disclosures (3)
(4) The third condition is that-
(a) the disclosure is made after the alleged offender does
the prohibited act;
(b) the alleged offender has a reasonable excuse for the
failure to make the disclosure before the alleged offender
did the act; and
(c) the disclosure is made on the alleged offender’s own
initiative and as soon as it is practicable for it to be made.
Consent Issues
Must be appropriate!
Legislative requirements conformed with.
If not, returned – no 7/31 day moratorium.
Cannot consent etc to relationships.
Must involve the Isle of Man.
FCU cannot consent to non-IOM matters.
Questions?
m.venables@fcu.gov.im