AC-2023-LON-001835 - [2025] EWHC 2770 (Admin)

Section 328 of the Proceeds of Crime Act 2002 provides:

“(1)

A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.[…]

(3)

Nor does a person commit an offence under subsection (1) if—

(a)

he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and

(b)

the relevant criminal conduct—

(i)

was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and

(ii)

is not of a description prescribed by an order made by the Secretary of State.

(4)

In subsection (3) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.”

The Further Information contains information to the effect that the OCG of which Mr Beraru is said to have been a supporter transferred the proceeds of prostitution to bank accounts in the UK and Romania, and laundered those proceeds in Romania. I accept the submission that this discloses conduct which would amount to an offence under s.328 of the Proceeds of Crime Act 2002. The allegation of conspiracy is sufficient to meet the s.67(4) requirement that the equivalent offence is extra-territorial.