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Review Your SQE 1 Practice Records

Examination Timing: 00H00M01S

Michael Adams, a solicitor at a law firm, is explaining the Proceeds of Crime Act 2002 to his colleague, Sarah. They are discussing the various offences under the Act and the importance of making disclosures when suspecting money laundering. Which of the following statements best describes the most accurate application of the Proceeds of Crime Act 2002?

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Reporting your suspicions to your firm's Money Laundering Reporting Officer (MLRO) before a prohibited act takes place can provide a defence against one of the principal money laundering offences under the Proceeds of Crime Act 2002. This is contingent on the MLRO making an authorised disclosure to the relevant UK authority. (A) is incorrect because the Act covers a broad range of crimes beyond serious crime, drug trafficking, and terrorism. (B) and (C) are only partially correct, as the duty of disclosure now applies more broadly beyond just mainstream financial services and non-mainstream business under the Scope Rules. (D) is incorrect because making an authorised disclosure after the prohibited act does not provide a defence. 

Key Point: This question tests understanding of the Proceeds of Crime Act 2002, particularly the defences available for solicitors who report suspicions of money laundering. Knowing the correct procedures for disclosures is crucial to compliance and avoiding liability.

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