洗钱

Money laundering is prosecuted under Division 400 of the Criminal Code Act 1995 (Cth) (Commonwealth law) and also under sections of the Crimes Act 1900 (NSW) for state-based offences, depending on the nature and scale of the alleged conduct.

Money laundering refers to any conduct that:

• Conceals, disguises, or deals with the proceeds of crime, or
• Facilitates the movement of illegally obtained funds in a way that makes them appear legitimate.

Under Commonwealth law (s 400.3 to s 400.9 of the Criminal Code), it is an offence to:

• Deal with money or property that is the proceeds of crime, and
• Do so knowing, believing, or being reckless as to whether it was derived from criminal activity

The seriousness of the offence, and the maximum penalty, depends on the value of the property and the accused’s state of mind (intent, knowledge, recklessness, or negligence).

For a conviction, the prosecution must establish beyond a reasonable doubt that:

• The accused engaged in a financial transaction – This includes depositing, withdrawing, transferring, or converting funds.
• The money or assets were derived from criminal activities – The funds must have originated from unlawful sources.
• The accused knew or was reckless about the illicit nature of the funds – Awareness or wilful blindness to the origins of the money is critical to the case.
• The transaction was intended to conceal, disguise, or process illicit funds – The prosecution must demonstrate an intent to legitimise proceeds of crime.

Defences that may apply in money laundering cases include:

• Lack of Knowledge – The accused was unaware that the funds were connected to criminal activity.
• No Criminal Intent – The transaction was conducted without the intent to disguise illicit funds.
• Duress – The accused was forced or coerced into engaging in the transaction.
• Mistaken Identity – The accused was falsely implicated in the financial dealings.

A skilled defence lawyer can challenge the prosecution’s case and present a strong defence.

Money laundering offences carry severe penalties, reflecting the seriousness of financial crime and its links to organised criminal activity.

• Fine – A monetary penalty imposed by the court
• Community Correction Order (CCO) – A supervised order with conditions
• Intensive Correction Order (ICO) – A strict alternative to imprisonment
• Imprisonment – Sentences can range up to 20 years for serious offences

Under Commonwealth law, the maximum penalties include:

• 25 years’ imprisonment and/or fines up to $315,000 for laundering amounts of $10 million or more
• 20 years’ imprisonment for laundering amounts of $1 million or more
• Lesser penalties for smaller amounts, depending on the value and the mental state of the accused
• Under NSW law, a person who knowingly deals with proceeds of crime may face up to 15 years’ imprisonment (Crimes Act 1900 (NSW), s 193B).

* Reporting and Regulatory Obligations

Businesses in industries vulnerable to money laundering such as banks, real estate agencies, casinos, and accountants, are subject to strict reporting obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Failure to report suspicious activity or large cash transactions can also result in criminal liability.