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Dismantling organised crime groups through enforcement of the POCA money laundering offences

Kenneth Murray (Scottish Crime and Drugs Enforcement Agency, Paisley, UK)

Journal of Money Laundering Control

ISSN: 1368-5201

Article publication date: 5 January 2010

1623

Abstract

Purpose

The purpose of this paper is to assess the challenges of proving criminality in money laundering cases and the extent to which forensic accountancy within law enforcement can assist in meeting them.

Design/methodology/approach

This paper reviews the development of relevant case law; and considers legal viewpoints on the use of forensic accountancy evidence in court.

Findings

The use of forensic accountancy within law enforcement provides a means of enabling Proceeds of Crime Act 2002 (POCA) achieve the results it was enacted to achieve.

Research limitations/implications

A more resilient attitude to financial complexity is required on the part of prosecutors if complexity is not to continue to succeed as a method of rendering serious financial crime immune to prosecution.

Social implications

The money laundering provisions of POCA are enacted to provide a means of prosecuting the leaders and professional enablers of organised crime groups who benefitted from crime but were able to divorce themselves from the actual crimes committed on their behalf. The failure of POCA to effectively deliver on this objective undermines its authority and reputation and thereby reduces hope in the communities that are vulnerable to organised crime.

Originality/value

The use of forensic accountancy within law enforcement is a new initiative. This paper sets out the need for such an initiative and it can make a significant contribution in the fight against organised crime.

Keywords

Citation

Murray, K. (2010), "Dismantling organised crime groups through enforcement of the POCA money laundering offences", Journal of Money Laundering Control, Vol. 13 No. 1, pp. 7-14. https://doi.org/10.1108/13685201011010173

Publisher

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Emerald Group Publishing Limited

Copyright © 2010, Emerald Group Publishing Limited

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