The Law Society's money laundering task force published pilot money laundering guidance in January 2004, covering the Proceeds of Crime Act 2002 (POCA) and the Money Laundering Regulations 2003, as well as other related areas such as legal professional privilege.
A printed version was sent to every office of every solicitor's firm in England and Wales during January 2004. The guidance is also available from the Law Society's Web site. Visit: www.lawsociety.org.uk, then click on guide online and money laundering.
The pilot guidance has been written with the aim of helping all practitioners, regardless of their area or size of practice, and takes a risk-based approach. Comments from practitioners on the content of the pilot guidance are welcomed. E-mail: commentsonmlguidance@lawsociety.org.uk.
All solicitors and their employees are subject to most of the criminal offences of money laundering within POCA. Most firms will also need to comply with compulsory internal anti-money laundering procedures because of the Money Laundering Regulations 2003.
Even where the regulations do not strictly apply, the Law Society suggests that firms should consider whether to apply the regulations in any event, depending on the money laundering risk posed by the work which the firm undertakes. Such voluntary compliance could ultimately prevent POCA issues.
The Law Society's professional ethics department provides a confidential advice service for solicitors concerned about money laundering (although it may be necessary for firms to seek independent legal advice). Tel: 0870 606 2577 between 10am and 12 noon, and between 2pm and 4pm
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