The objective of my fellowship was to assist in improving the legislative framework within which Commonwealth money laundering matters are prosecuted in Australia by contributing to law reform in this area.
A recurring difficulty in prosecuting money laundering matters under ss400.3-400.8 of the Criminal Code (Cth) is the requirement to identify the class of indictable offence from which the money or other property which is the subject of the charges is alleged to have been derived in order to prove that the money or other property is the proceeds of crime.
Modern organised crime syndicates are becoming more multifaceted and are rarely involved in only one form of illicit activity. A traditional view of organised crime does not properly capture the extent of the criminality involved. Many criminal groups today adopt a business model utilising complex international networks which allow them to move effortlessly between different crimes which cannot be identified. Criminal syndicates are continually evolving. To remain relevant and effective, corresponding legislation also needs to evolve.
My fellowship involved an analysis of the anti-money laundering legislation of legal systems which do not require a class of offence to be identified in order to prove that money or other property is the proceeds of crime. I looked specifically at the anti-money laundering legislation of the United Kingdom, the Republic of Ireland and Italy for guidance.
In November 2017, the Attorney-General’s Department invited engagement from the CDPP on how best to address this issue and specifically requested submissions looking at the anti-money laundering legislation of other jurisdictions.
Given the topic of my fellowship explored this very subject, I was able to prepare the comparative analysis component of the report and to collaborate with the CDPP’s Money Laundering Focus Group to submit recommendations to the Attorney-General’s Department.
The CDPP’s submissions are classified as sensitive in nature and will not be made publicly available.
Key words: Money Laundering, Prosecution, Organised Crime Syndicates, Legislation