Arrested for Money Laundering?

If you've been arrested for money laundering, ask for a solicitor before answering police questions. In England and Wales, you have the right to free legal advice at the police station. An arrest is not a charge or a finding of guilt, but what you say in an interview may be used as evidence.

This guide explains what happens after arrest, your rights and the steps you can take next.

Been arrested or expect to be questioned? Call Moeen & Co. Solicitors on 0203 959 7755 for urgent, confidential advice.

Table of Contents

What should I do if I'm arrested for money laundering?

If you're arrested or accused of money laundering, stay calm and ask for a solicitor before answering police questions. Call Moeen & Co. Solicitors on 0203 959 7755 for urgent legal advice.

Do not guess, speculate or try to explain complicated transactions before you have spoken with a solicitor. Keep any relevant documents or messages, and do not delete or alter records. Your solicitor can advise you about the allegation, the interview and your options.

What happens when you are arrested for money laundering?

After arrest, you will usually be taken to a police station, booked in by the custody sergeant, and given the chance to speak to a solicitor before any interview takes place.

• You will be told the reason for your arrest, though full details of the evidence are not usually given at this stage
• Your personal details will be taken, and you may be searched, photographed and fingerprinted
• You will be asked whether you want legal advice. You should always say yes
• You will be held in a cell until it is time for your interview or another stage of the process
• You can request that someone be told of your arrest, subject to certain limited exceptions

In England and Wales, police can usually hold someone for up to 24 hours before charging or releasing them. Longer detention may be authorised in serious cases. See the official guidance on custody time limits.

After questioning, the police may:

• Release you without charge while the investigation continues
• Release you on bail, sometimes with conditions
• Release you under investigation
• Charge you with an offence

Being released does not necessarily mean the investigation is over. Being charged does not mean you have been found guilty.

Do I have to answer police questions?

You have a right to legal advice before a police interview. Ask for a solicitor and speak with them privately before deciding how to respond. The solicitor can explain the caution, review the information provided by the police and advise you during the interview.

The decision whether to answer questions is important and depends on the circumstances. Do not rely on general advice online about whether to answer or remain silent; get advice on your specific case.

What is money laundering under UK law?

The principal money laundering offences are set out in sections 327 to 329 of the Proceeds of Crime Act 2002 (POCA). They include concealing, disguising, converting or transferring criminal property; becoming involved in arrangements that facilitate another person's use or control of criminal property; and acquiring, using or possessing criminal property.

The prosecution must prove the elements of the specific offence. Under POCA, property is criminal property if it represents a benefit from criminal conduct and the alleged offender knows or suspects that it represents such a benefit. The Crown Prosecution Service guidance on money laundering offences explains how prosecutors approach these cases.

What evidence might the police investigate?

Money laundering investigations can involve financial and digital evidence, including:

• Bank statements, transfers, deposits and withdrawals
• Business accounts, invoices, contracts and tax records
• Messages, emails, phones and computers
• Property, vehicle and company ownership records
• Witness statements and financial analysis

A transaction that appears unusual is not, by itself, proof of an offence. The evidence needs to be considered as a whole, including any lawful explanation for the funds and what you knew or suspected.

Can I be arrested if I did not know the money was criminal?

An allegation may still be investigated even if you say you did not know the source of the funds. Whether the prosecution can prove the required knowledge or suspicion depends on the offence and the evidence. Your role, communications, financial records and explanation for the transactions may all be relevant.

A solicitor can review the evidence and advise on the issues in your case. Do not assume that an innocent explanation will speak for itself; discuss it with a solicitor before an interview.

Can the police freeze my bank account or seize my assets?

An arrest does not automatically freeze your bank account or assets. A bank may impose its own restriction, or authorities may seek a separate court order under POCA, such as an account freezing order or restraint order. These measures have different legal tests and procedures.

If you receive a notice or court order, act quickly. There may be deadlines to challenge a restriction or object to forfeiture. Moeen & Co. also provides advice on frozen bank accounts and money laundering.

What defences may be available?

There is no single defence that applies to every money laundering allegation. Depending on the case, a solicitor may examine:

• Whether the prosecution can prove that the property was criminal property
• Whether the evidence establishes the required knowledge or suspicion
• Whether you were involved in the alleged transactions or arrangement
• Whether there is a documented lawful source or explanation for the funds
• The reliability, completeness and admissibility of the evidence
• Whether the investigation followed the required procedures

The defence must be based on the evidence and applicable law. No solicitor can guarantee that charges will be dropped or that a particular outcome will follow.

What is the sentence for money laundering?

The principal POCA money laundering offences carry a maximum penalty of 14 years' imprisonment, a fine, or both on conviction on indictment. This is the statutory maximum, not a prediction of the sentence in an individual case. The court considers the offence, the person's role, the value involved and other relevant factors.

In England and Wales, judges use the Sentencing Council's money laundering guideline when deciding a sentence. A conviction may also lead to confiscation proceedings, which are separate from the sentence.

How can a solicitor help if I have been arrested?

A specialist money laundering defence solicitor can explain the allegation, advise you before and during a police interview, and help you understand the evidence and possible next steps. If you are charged, a solicitor can represent you through the court proceedings and advise on sentencing and confiscation issues.

• Attending the police station and advising you before and during the interview
• Reviewing what evidence the police are prepared to disclose before you answer questions
• Advising on whether to answer questions, give a prepared statement, or say nothing
• Making representations to try to avoid a charge, where appropriate
• Representing you at every later stage, including court, if the case proceeds

Speak to a solicitor now if you have been arrested

If you or someone you know has been arrested for money laundering, contact Moeen & Co. Solicitors immediately on 0203 959 7755 for urgent police station advice. The earlier we are involved, the more we can do to protect you.