Criminal Finances Act 2017

Jonathan Fisher KC and Anita Clifford

Document

Page 281

Index

account freezing: bank 6.31;
- building society 6.32;
- challenges 6.29;
- estimated use 6.30;
- forfeiture, and 6.27, 6.37–6.38;
- order 6.34–6.36;
- terrorist financing 7.91–7.93
application for extending moratorium period: application notice 1.30–1.39;
- application to withhold specified information 1.36–1.37;
- costs 1.38;
- hearing 1.25–1.29;
- interested person 1.22;
- notice 1.21;
- order, the 1.35;
- procedure 1.20–1.38;
- respondents’ notice 1.34;
- specified information 1.23–1.24;
- subsequent 1.19;
- timing 1.16–1.18;
- tipping off 1.39–1.40;
- who 1.15
application to vary and discharge unexplained wealth orders: code of practice 5.7;
- compliance impossible 5.8;
- contentious areas 5.3–5.9;
- costs 5.14;
- process 5.1;
- reasonable cause 5.6;
- requirements 5.3;
- reverse onus 5.2;
- variation 5.9
appropriate consent 1.2
authorised disclosure 1.2;
- diligence 1.09, 1.11;
- expeditiousness 1.11

bank account monitoring order 6.9
banks and building societies: terrorist money 7.89–7.90;
- unexplained wealth orders 6.31–6.33; 6.37–6.38

cash: administrative forfeiture 6.25, 7.78–7.83;
- definition 6.17–6.18;
- forfeiture 6.20, 7.72–7.73;
- previous loophole 6.16;
- terrorist 7.71–7.83
civil recovery: administrative forfeiture 7.94;
- anti-terrorism 7.3, 7.67–7.70;
- application to set aside 7.80–7.83;
- cash 6.16–6.20;
- cash forfeiture notice 7.75–7.76;
- objections 7.78–7.79;
- power to commence 6.10, 6.11;
- reasonable suspicion 7.74;
- terrorist cash 7.71–7.83;
- property 7.84–7.86
companies 4.17–4.18;
- holding property 4.22–4.23;
- prosecution 9.7;
- risks 9.18–9.21
compulsion to produce documents 6.9
confidentiality: joint reporting 3.24–3.27;
- terrorist financing 7.52
confiscation of criminal benefit 6.4
consent regime 1.2:
- problems 1.3
corporate offences 8.1;
- application 8.4;
- companies and partnerships 9.7;
- criminal prosecution 9.5–9.10;
- defence 9.2–9.4 see also prevention procedures defence;
- liability 8.5;
- penalties 9.10;
- policy 9.5–9.6;
- purpose 8.3
criminal suspects and connected persons: investigation 4.16;
- person reasonably suspected 4.14;
- serious crime 4.13;
- standard 4.15
cryptocurrency 6.18
customer information order 6.9

disclosure orders 7.3, 7.5–7.6;
- effect of written notice 7.25–7.26;
- giving reasons 7.8;
- making application 7.7–7.14;
- procedural requirements 7.9;
- public interest 7.17, 7.36–7.37;
- relevant information 7.18–7.20;
- requirements for making 7.15–7.17;
- responding to written notice 7.27–7.32;
- scope 7.7;
- terrorism 7.11–7.12;
- terrorist property 7.13–7.14;
- variation and discharge 7.33–7.37;
- written notice 7.21–7.26

failure to prevent model of liability 9.1
Financial Conduct Authority: civil recovery investigation, power to commence 6.11;
- extension of powers 6.3
foreign tax evasion: additional conditions for liability 8.42–8.43;
- consent 9.8, 9.9;
- facilitation 8.48–8.49;
- jurisdiction 8.50–8.51;
- offence 8.44–8.47;
- UK, and 8.41 see also UK tax evasion
fraud: aiding terrorism 7.2;
- cheating revenue 4.16, 8.17–8.19;
- false invoicing 8.18;
- income tax 4.16, 8.35;
- intent 8.28;
- IR35 8.29;
- serious crime 4.14;
- VAT 8.34
further information orders 2.4–2.5, 7.53–7.54:
- appeals 2.18, 7.65–7.66;
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  application 2.6–2.12, 7.56–7.62;
- conditions 7.60–7.62;
- effect 7.63–7.64;
- introduction of 7.3;
- procedure 2.13, 7.57

gambling documents 6.19
gross human rights abuse or violation: conditions 6.43;
- examples 6.49;
- public official 6.46;
- material assistance 6.47;
- standard 6.48;
- torture or cruel, inhuman and degrading treatment 6.44;
- treatment in consequence of exposing illegal activity 6.45

HM Revenue & Customs: extension of powers 6.3;
- new powers 6.9–6.10;
- offences against 6.13;
- previous powers 6.8

immigration officers: extension of powers 6.3;
- offences against 6.13;
- powers 6.12
incriminatory evidence 2.14–2.16
information sharing: anti-terrorism 7.3;
- channels 3.4;
- confidentiality 7.52;
- conditions 7.41–7.46;
- detail 7.44;
- duty to report 7.50–7.51;
- importance 3.1, 3.3;
- joint reporting 7.47–7.49;
- notification 7.43;
- unexplained wealth orders 5.23;
- voluntary disclosure see voluntary disclosure
insufficient means: challenging 5.6;
- known sources of lawful income 4.26–4.28;
- market value 4.31;
- obtain property, to 4.25–4.31;
- trusts 4.29–4.30
interim freezing order 4.36–4.38;
- compensation 5.13;
- discharging 5.11–5.13;
- timing 4.43–4.45;
- varying 5.10

Joint Money Laundering Intelligence Taskforce (JMLIT) 3.2, 3.4
joint reporting: impact on duty 3.21–3.23, 7.50–7.51;
- limit 3.23;
- period 3.20;
- required notification 3.22, 7.43–7.45;
- requirements 3.19;
- terrorist legislation 7.47–7.49

listed assets 6.22–6.23;
- administrative forfeiture 6.25;
- estimated use 5.26;
- procedural safeguards 6.24
London Anti-Corruption Summit 3.3

money laundering: duty to report 3.14;
- partnership working 3.2
moratorium period, extending: application 1.15–1.40 see also application for extending moratorium period;
- commencement 1.8;
- court 1.14;
- criteria for making order 1.9–1.14;
- impact assessment 1.6, 1.7;
- police resources and criteria 1.12;
- power discretionary 1.110;
- procedure for extending 1.5;
- proposals 1.4;
- purpose 1.2;
- renewability 1.3;
- significance 1.1;
- standard of proof 1.13

National Crime Agency: disclosure request notification 3.13, 3.16;
- extending moratorium period 1.2, 1.15;
- further information orders 7.56;
- investigative assistance 2.2;
- joint suspicious activity reports 3.4;
- request for further information 2.2–2.4

politically exposed person 4.9–4.12;
- challenging 5.4
prevention procedures defence: application 9.11;
- communication 9.26;
- due diligence 9.20, 9.25;
- evidence 9.24;
- guidance 9.12–9.13;
- guiding principles 9.16–9.29;
- monitoring and review 9.28–9.29;
- onus of proof 9.14;
- proportionality 9.22–9.29;
- risk assessment 9.18;
- scope 9.15;
- top-level commitment 9.23;
- training 9.27
privilege: disclosure order notice 7.30–7.31;
- further information order 2.17;
- self-incrimination 4.3, 5.19, 7.64;
- waiving 51.5
prohibited act: appropriate consent 1.2;
- authorised disclosure 1.2;
- handling of criminal property 1.1;
- liability 2.11
property: challenging relationship 5.5;
- company or trust-held 4.22–4.23;
- definition 4.20;
- effective control 4.21;
- forfeiture 4.4;
- holding 4.19–4.24;
- insufficient means to obtain 4.25–4.31;
- potential beneficiary 4.23;
- timing 4.24
public interest: anti-terrorism 7.17, 7.36–7.37;
- foreign tax evasion 8.41, 9.8;
- unexplained wealth order 4.6, 4.48, 5.7
public revenue 8.31–8.32;
- cheating 8.17–8.19

regulated sector 2.11, 7.40
request for further information: appeals 2.18;
- application 2.6–2.12;
- background 2.3;
- domestic cases 2.8;
- evidential status 2.14–2.17;
- foreign cases 2.9;
- incriminatory evidence 2.14–2.16;
- legally privileged material 2.17;
- non-compliance 2.19–2.20;
- order see also further information order;
- procedure 2.13;
- power 2.1, 2.2;
- regulated sector 2.11;
- substantial value 2.12
response to unexplained wealth orders: financial gifts and gambling wins 5.18;
- information 5.16;
- satisfactory explanation 5.17;
- truthfulness 5.15;
- use of explanation 5.19–5.24
restraint of assets 6.4
risks 9.18–9.19;
- communication 9.26;
- customer due diligence 9.20–9.21, 9.25;
- monitoring
  
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- and review 9.28–9.29;
- top level commitment 9.23;
- training 9.27
rules of court: extending moratorium period 1.5, 1.25–1.38;
- further information order 2.13

search and seizure powers: HM Revenue & Customs 6.9;
- non-conviction 6.6;
- Serious Fraud Office 6.4–6.5
Serious Fraud Office: confiscation of a criminal benefit 6.4;
- extension of powers 6.3;
- offences against 6.13;
- previous powers 6.5;
- restraint of assets 6.4;
- search and seizure powers 6.5–6.7
suspicious activity report 2.1, 2.3, 2.15:
- account freezing 5.28;
- domestic 7.60;
- foreign 7.61–7.62;
- joint 3.18–3.20;
- review 3.2;
- terrorist financing 7.1, 7.43

tax evasion: avoidance, and 8.20–8.30;
- foreign see foreign tax evasion;
- individual liability 8.52;
- responsibility 8.2;
- UK see also UK tax evasion
terrorism 7.11–7.12
terrorist property 7.3, 7.13–7.14
terrorist-financing: cross-border enforceability 7.99–7.102;
- importance 7.1;
- investigation 7.10;
- joint reporting 7.47–7.49 see also information sharing;
- joint suspicious activity reports, and 2.1, 7.1;
- legislation 2.1;
- powers 7.95–7.98;
- regulated sector 7.40
trusts: insufficient means to obtain 4.29–4.30;
- property held by 4.22–4.23;
- respondents 4.34

UK tax evasion 8.14;
- avoidance or evasion 8.20–8.30;
- causation 8.12;
- cheating the public revenue 8.17–8.19;
- facilitation of 8.6, 8.39–8.40;
- fraudulent 8.33–8.35;
- offence 8.15–8.35;
- person acting in association 8.8 -
- person’s status 8.9;
- partnership 8.10;
- proving 8.36–8.38;
- public revenue 8.31–8.32;
- relevant body 8.7;
- scope 8.11, 8.13
unexplained wealth orders: application to vary and discharge see also application to vary and discharge unexplained wealth orders;
- civil enforcement proceedings 5.21;
- companies 4.17–4.18;
- criminal suspects and connected persons 4.13–4.16;
- criminal investigations 5.20, 5.22;
- development 4.1;
- effect 4.32–4.35;
- extra-territoriality 4.45–4.50;
- failure to respond 4.4;
- framework 4.2;
- holding property 4.19–4.24;
- insufficient means to obtain property 4.25–4.31 see also insufficient means;
- investigative value 4.3;
- non-compliance 4.39–4.42;
- policy 4.48;
- politically exposed person 4.9–4.12;
- providing explanation 4.35;
- reasonable excuse 4.42;
- recoverability presumption 4.41;
- requirements 4.5–4.7;
- respondent 4.8–4.18, 4.34 see also response to unexplained wealth orders;
- standard 4.5;
- timing 4.43–4.45;
- use 5.25–5.26
unlawful conduct 6.42;
- expansion 6.39;
- gross human rights abuse or violation 6.43–6.50;
- previous definition 6.41;
- purpose of amendment 6.40

voluntary disclosure 3.6, 3.7;
- anti-terrorism 7.39;
- conditions 3.8–3.17;
- confidentiality 3.24–3.27;
- impact on duty to report 3.21–3.23, 7.50–7.51;
- incentive 3.17;
- joint reporting 3.18–3.20;
- notification requirement 3.10, 3.13;
- privacy 3.24–3.27;
- request 3.11;
- respondent 2.12;
- standard required 3.9;
- suspicion 3.15

written notice: copies 7.32;
- effect 7.25–7.26;
- efficiency of 7.23;
- legal privilege 7.30–7.31;
- length 7.22;
- responding to 7.27–7.32;
- service 7.21;
- scope 7.24
  
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Criminal Finances Act 2017

Page 281

Index

Index

Page 282

Page 283

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