Money Laundering Solicitors
At a Glance
Money laundering is the illegal process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions. The scheme is designed to allow the offender to enjoy the “clean” money without revealing its criminal source.
If you are facing an investigation by the National Crime Agency (NCA) or police for money laundering, immediate legal intervention is critical to protect your assets, your reputation, and your liberty.
-
Urgent Representation: 24/7 assistance for interviews under caution and raids.
-
Asset Protection: Expert handling of Restraint Orders and Account Freezing Orders.
-
National Reach: Defending complex fraud cases across the UK.
Expert Defence Against POCA Investigations
Money laundering allegations can destroy credibility in the business sector instantly. Whether you are a corporate entity, a professional advisor, or an individual accused of “self-laundering,” the consequences are severe.
The prosecution does not need to prove who committed the original crime to secure a money laundering conviction-only that the property is criminal and you knew or suspected it.
At Cartwright King, our Fraud and Regulatory team intervenes early. We aim to halt investigations before charges are brought, challenge search warrants, and discharge restraint orders to keep your business operational.
The Proceeds of Crime Act 2002 (POCA) Explained
The prosecution relies on the Proceeds of Crime Act 2002 (POCA). This legislation is broad and draconian. Our team defends against the three primary money laundering offences:
1. Concealing (Section 327)
This is the most common charge for “self-laundering.” It applies if you conceal, disguise, convert, transfer, or remove criminal property from the UK.
- Example: Moving illicit funds between multiple bank accounts to hide the audit trail.
2. Arrangements (Section 328)
This applies to professional enablers (accountants, solicitors, brokers) or associates. It is an offence to enter into an arrangement that you know or suspect facilitates the acquisition, retention, use, or control of criminal property by or on behalf of another person.
3. Acquisition, Use, and Possession (Section 329)
It is an offence to simply acquire, use, or possess criminal property.
- Defensive Note: We frequently defend clients under Section 329(2)(c), arguing that the property was acquired for adequate consideration (fair payment).
Beyond POCA: The National Crime Agency (NCA) & SARs
To secure a Position 1 defence, we look beyond the basic Act. We actively manage the investigative tools used by the National Crime Agency (NCA) against our clients.
Unexplained Wealth Orders (UWOs): We assist high-net-worth individuals in responding to UWOs to prevent the presumption that assets are the proceeds of crime.
Suspicious Activity Reports (SARs): Banks often freeze accounts automatically after filing a SAR with the NCA. You are not usually told why your account is frozen. We intervene directly with the NCA to seek consent for the release of funds.
Account Freezing Orders (AFOs): If your assets are frozen by the Magistrates’ Court, we can challenge the order by proving the legitimate origin of the funds.
Sentencing Guidelines: What is at Risk?
Money laundering carries a maximum sentence of 14 years imprisonment. Sentences are calculated based on “Culpability” (your role) and “Harm” (the value of money laundered).
| Offence Category | Money Laundering Value | Starting Point (High Culpability) |
| Category 1 | £10 million+ | 10+ Years Custody |
| Category 2 | £2 million – £10 million | 8–10 Years Custody |
| Category 3 | £500,000 – £2 million | 6–8 Years Custody |
| Category 4 | £100,000 – £500,000 | 3–6 Years Custody |
| Category 5 | £10,000 – £100,000 | 1–3 Years Custody |
How We Defend You
A generic defence is not enough. Our strategy focuses on forensic detail and aggressive pre-charge engagement.
1. Pre-Charge Intervention: We do not wait for court. We make written representations to the CPS or NCA arguing that a prosecution is not in the public interest or that the evidence is insufficient.
2. Forensic Accounting Analysis: We work with top-tier forensic accountants to trace the true flow of funds, proving that the money in question is legitimate income, not criminal property.
3. Challenging “Suspicion”: For a conviction, the prosecution must prove you “knew or suspected” the money was illicit. We build a defence based on your subjective knowledge at the time, dismantling the prosecution’s assumptions.
4. Restraint Order Variation: If your assets are frozen, we apply to the Crown Court to vary the order, allowing you access to funds for living expenses, legal fees, and business continuity.
Frequently asked questions.
What is the maximum sentence for money laundering in the UK?
The maximum sentence for the most serious money laundering offences is 14 years imprisonment. However, sentences vary significantly based on culpability (your role) and the value of the funds. For lower-level involvement or smaller amounts, suspended sentences or community orders are possible.
Can I be convicted if I didn’t know the money was illegal?
Yes, potentially. You can be convicted if the prosecution proves you “suspected” the money was criminal property, even if you didn’t know for sure. This is known as “subjective suspicion.” Our defence strategy often focuses on proving you had no reason to suspect the funds were illicit.
What happens to my frozen bank account?
If your account is frozen, it is likely due to a Suspicious Activity Report (SAR) or an Account Freezing Order (AFO). You cannot access the funds while the NCA investigates. We can apply to the court to vary the order, allowing you access to reasonable living expenses and legal fees while the investigation is ongoing.
What is “Self-Laundering”?
Self-laundering occurs when an individual tries to hide or spend the proceeds of their own crime (e.g., tax evasion or fraud). You do not need to be a third-party “professional launderer” to be charged; simply moving your own illegal earnings into a savings account can constitute money laundering under POCA.
Is there a time limit for money laundering charges?
There is no statute of limitations for indictable money laundering offences in the UK. The police can investigate and charge you for transactions that occurred many years ago.
Why Choose Cartwright King?
- Legal 500 & Chambers Ranked: Recognised leaders in Fraud and White-Collar Crime.
- National Capability: We represent clients in London, Manchester, Birmingham, and nationwide.
- Complex Case Experience: From multi-million pound VAT fraud to international money laundering operations.
Immediate Crisis Intervention
If you have been arrested, invited for a voluntary interview, or had assets frozen, do not speak to investigators without us.
Contact our Fraud Defence Team for a confidential assessment or call us immediately on 03458 941 622.
About Our Expert
Head of Corporate & Financial Crime Laura Smith is a highly regarded defence lawyer specialising in serious fraud, proceeds of crime, extradition and complex crime. She leads Cartwright King’s national and international practice, providing strategic advice across high-value and sensitive investigations. Recognised by The Legal 500 and Chambers and Partners, Laura is known for her forensic approach and clear, decisive guidance throughout complex proceedings. She delivers robust defence strategies from early investigation to trial and appeal. Laura is also an experienced speaker and legal commentator, regularly contributing insight on financial crime and compliance for clients and professional audiences.