R v Lonnie Augustus Smith

[2015] EWCA Crim 333, Court of Appeal (Criminal Division), Lady Justice Sharp DBE, Mr Justice Goss, His Honour Judge Kramer QC, 4 February 2015

Proceeds of crime - Money laundering - Criminal property - Proceeds of Crime Act 2002, sections 328 and 340

The appellant was convicted on 20 February 2014 of conspiracy to cheat the public revenue (Count 1) and entering into or becoming concerned in a money laundering arrangement contrary to section 328(1) of the Proceeds of Crime Act 2002 ("POCA") (Count 2). As an alternative to count 2, count 3 alleged that he used, acquired or was in possession of criminal property contrary to section 329(1) of POCA. The conspiracy to defraud HM Revenue and Customs ("HMRC") involved the commission of a Missing Trader Intra-Community ("MTIC") fraud, also known as a "carousel fraud".