CELE SQE

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Jane Baker, a solicitor, is representing Mr. Smith in divorce proceedings. Mrs. Smith has initiated ancillary relief proceedings to have the matrimonial home transferred into her sole name. Jane becomes aware that the house was purchased by Mr. Smith with money obtained from illegal activities.

What impact does the Proceeds of Crime Act 2002 ("the Act") have in this scenario?

Transferring the house from Mr. Smith to Mrs. Smith would involve Jane in an arrangement that facilitates the acquisition of criminal property.

Transferring the house from Mr. Smith to Mrs. Smith would require Jane to make an authorised disclosure to the firm's nominated officer.

Transferring the house from Mr. Smith to Mrs. Smith would constitute an arrangement under the Act because Mrs. Smith is committing an offence by receiving stolen property.

Transferring the house from Mr. Smith to Mrs. Smith would not constitute a forbidden arrangement under the Act.

Transferring the house from Mr. Smith to Mrs. Smith would not constitute a forbidden arrangement under the Act, provided the litigation is not a sham created for the purposes of money laundering.

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The case of Bowman v Fels clarified that steps taken in litigation, including the division of assets as per a court judgment, do not breach section 328 of the Proceeds of Crime Act 2002. The Court of Appeal concluded that such actions within a legal context do not amount to "arranging" under the Act. However, careful consideration must be given to ensure the litigation is not a sham designed for money laundering. If the proceedings are genuine, the solicitor is not in breach of the Act.

Key Point: This question tests knowledge of section 328 of the Proceeds of Crime Act 2002 and the legal interpretation provided by Bowman v Fels. It is crucial to understand how litigation steps are treated under the Act to avoid facilitating money laundering inadvertently.

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Financial ServicesUnit 3Chapter 6: Proceeds of Crime Act 2002

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