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Arya is a solicitor. Frank is a businessman who owns a small motor repair shop. Frank first instructed Arya two years ago, when he was buying a house. Frank has recently deposited funds with Arya and instructed her to undertake the following transactions on his behalf:
(1) Purchase a local chain of salons, which Frank intends to fund with a large cash deposit and a mortgage for the balance
(2) Transfer a small cash sum to a bank account in Farland, which Frank recently opened up while on holiday there
Arya has heard rumours that Frank is involved in criminal activity and thinks these rumours might be true. However, she has no proof and so she agrees to act on Frank’s behalf.
Task 1If the funds which Frank has deposited with Arya are the proceeds of crime, indicate which offences each party has committed.
Money laundering only Failure to report only Money laundering and failure to report
A. Arya
B. Frank
Answer ARYA BOTH AND FRANK ONLY MLCan you explain how arya for ML, she only had heard rumours but still did help in laundering. Is having doubtful knowledge/suspicion enough to count as ML?
According to the question (as you have written it) Arya has agreed to act on Frank’s behalf even though she has heard rumours of Frank’s criminal activities.
Where such suspicions exist and yet she agrees to continue to act, she is now herself engaging in money laundering.
OK?
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