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Under the Prevention of Money Laundering Act, provisional attachment may extend to buildings and infrastructure representing the value of proceeds of crime where material establishes a rational nexus between alleged scheduled offences, the generation of criminal proceeds and their use in creating the property. Money-laundering does not depend on the commercial success or failure of the underlying enterprise; the relevant inquiry is whether property was directly or indirectly derived or obtained through criminal activity relating to a scheduled offence. Attachment may apply to persons connected with proceeds of crime even if they are not accused in the scheduled offence. Disputes concerning reciprocal obligations under a memorandum of understanding do not determine attachment proceedings.
Under the Prevention of Money Laundering Act, provisional attachment may extend to buildings and infrastructure representing the value of proceeds of crime where material establishes a rational nexus between alleged scheduled offences, the generation of criminal proceeds and their use in creating the property. Money-laundering does not depend on the commercial success or failure of the underlying enterprise; the relevant inquiry is whether property was directly or indirectly derived or obtained through criminal activity relating to a scheduled offence. Attachment may apply to persons connected with proceeds of crime even if they are not accused in the scheduled offence. Disputes concerning reciprocal obligations under a memorandum of understanding do not determine attachment proceedings.
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