Jul 2016

Jonathan Caplan QC’s view on the Carson Yeung decision

Jonathan Caplan QC’s view on the Carson Yeung decision by the Court of Final Appeal (FACC 5-6/2016):

“The Court of Final Appeal has now delivered an authoritative and comprehensive ruling on many aspects relating to money laundering which have been debated for some time. It is now clear that the prosecution does not have to prove that the property being dealt with was, in fact, the proceeds of crime; it is enough that the defendant had reasonable grounds to believe that it was. Nor does the prosecution have to charge a separate count for every act of dealing if they can all fairly be regarded as being part of the same criminal enterprise; one charge, therefore, may well cover all the deposits that were laundered through a single bank account as opposed to potentially having hundreds of charges representing each individual deposit. This judgment brings much needed clarity and common sense to this legal minefield and makes it clear that the bar is not being lowered on conduct which will involve the criminal law”

Our Senior Partner Jonathan Midgley recently had a breakfast meeting in London with Mr. Caplan QC to discuss the implications of the Carson Yeung decision. Haldanes has been working with Mr. Caplan QC on numerous money laundering and commercial crime cases over the years.