Facing Money Laundering Charges in Brisbane?

The Offence of Money Laundering

Under the Criminal Proceeds Confiscation Act 2002 (Qld), a person commits money laundering if they knowingly or recklessly:

• Engage in a transaction involving money or property that is tainted property;
• Receive, possess, dispose of, or bring into Queensland property or money that is tainted property;
• Conceal or disguise the source, existence, nature, location, ownership, or control of the tainted property.

Tainted property refers to property used in, or derived from, an offence. It includes any benefit a person gains through various forms of media or entertainment related to their crime.

A person knowingly engages in money laundering if they knew or ought reasonably to know that the property is tainted property derived from some unlawful activity.

A person recklessly engages in money laundering if:

(a)  the person is aware there is a substantial risk the property is tainted property or derived from some unlawful activity and

(b)   having regard to the circumstances known to the person, it is unjustifiable for the person to take the risk.

A money laundering charge can involve one or multiple acts, across different times and offences, committed by one or several individuals.

Examples of Money Laundering

Money laundering typically involves three stages:

1. Placement: Introducing illegally obtained money into the financial system;
2. Layering: Separating the money from its illegal source to avoid detection; and
3. Integration: Reintroducing the money into the economy, making it appear legitimate.

Common examples of money laundering include:

• Splitting cash deposits across multiple bank accounts;
• Making multiple transactions in a short time to move funds;
• Using casinos to shift cash;
• Channelling money through illegitimate businesses or shell companies.

What Must Be Proven

For a money laundering conviction, the prosecution must prove beyond reasonable doubt that:

1. The accused engaged in a transaction involving money or property that was tainted.
2. The accused knew or recklessly disregarded that the money or property was tainted property.

The prosecution does not need to prove the exact crime from which the proceeds of the crime originated.

Defences to Money Laundering

Somebody accused of money laundering can raise several defences, including:

• Lack of knowledge that the money was the proceeds of crime;
• No reckless or intentional handling of tainted property;
• The money or property is not derived from a crime;
• The accused acted under duress.

Penalties for Money Laundering

The penalties for money laundering in Queensland are severe, with courts having the authority to freeze or seize assets suspected of being acquired through illegal means.

• Knowingly engaging in money laundering: A maximum penalty of 3000 penalty units or up to 20 years imprisonment.
• Recklessly engaging in money laundering: A maximum penalty of 1500 penalty units or up to 10 years imprisonment.

Commonwealth Legislation

Money laundering is also an offence under the Commonwealth Criminal Code, which covers broader actions, including:

• Receiving, possessing, concealing, or disposing of money or property;
• Importing or exporting money into or out of Australia;
• Engaging in banking transactions involving tainted money.

The Commonwealth law requires the prosecution to prove the accused believed or knew the money was the proceeds of a crime. However, separate offences exist for circumstances where it is merely reasonable to suspect that money or property is criminally derived, without requiring proof of actual knowledge.