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POCA 2002 and Misuse of Facility markers
The Proceeds of Crime Act 2002 (POCA) covers money laundering offences and is frequently cited in Misuse of Facility cases. When banks accuse customers of receiving or moving suspicious funds, they are often implicitly alleging money laundering offences under POCA.
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The relevant offences
- Section 327, Concealing criminal property
- Section 328, Entering into or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property
- Section 329, Acquiring, using or possessing criminal property
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Defences under POCA
POCA includes important defences that are directly relevant to CIFAS marker challenges. A person does not commit an offence if they did not know or suspect that the property was criminal property. This is a crucial defence for people who received funds without knowing they were proceeds of crime.
If you received payments from a friend, family member, or contact without knowing the funds were suspicious, and you had no reasonable grounds to suspect criminal activity, the POCA offences are not made out, and therefore the CIFAS marker is recording an allegation that has no legal basis.
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Using POCA in your complaint
Where an institution is relying implicitly on a money laundering allegation to justify a Misuse of Facility marker, your complaint should address the POCA defences directly. Specifically: did you know or have reasonable grounds to suspect the property was criminal property? If you received funds without any knowledge of their suspicious origin, the section 328 arrangement offence is not made out.
The knowledge and suspicion requirement under POCA is often the gap in the institution's case. They may have evidence that money moved through your account. They may not have evidence that you knew or suspected it was criminal. Those are different questions, and the CIFAS Standard of Proof requires the institution to address both.