Money Laundering
Money laundering occurs when someone deals with the proceeds of crime with knowledge or recklessness about their illegal origins.
Money laundering is a serious crime with significant penalties, including hefty fines and lengthy imprisonment. Given the complexity of the laws surrounding money laundering and the severity of the consequences, it’s important to employ a skilled defence lawyer early.
- Money laundering is a crime in the ACT under section 114B of the Crimes Act 1900.
- Money laundering carries a maximum penalty of a $160,000.00 fine, imprisonment for 10 years, or both.
- The offence is indictable, meaning it can be finalised in the ACT Magistrates Court or ACT Supreme Court.
- That you dealt with money or other property.
- That the money or property involved is the proceeds of a crime.
- That you knew or were reckless about the fact that the money or property was derived, directly or indirectly, from some form of unlawful activity.
Q: What does it mean to “deal” with money?
A: The threshold for it to be proven that you have dealt with money is not a high one. To deal with money or other property could be to receive, possess, conceal or dispose of money or some other property. This also includes bringing any money or other property into the ACT.
Q: What are ‘proceeds of crime’?
A: Proceeds of crime are any property or money derived or realised, directly or indirectly, by anyone from the commission of an offence punishable by imprisonment for longer than 12 months. The proceeds of crime can also be any money or property derived or realised, directly or indirectly, by anyone from acts or omissions that happened outside of the ACT, and would, if they had happened in the ACFT, have been an offence punishable by imprisonment for longer than 12 months.
Q: What is considered an ‘unlawful activity’?
A: Unlawful activity can be any act or omission that is an offence against the law of the Territory, the Commonwealth, a State, another Territory or a foreign country.
Q: Can I still get in trouble if this didn’t happen in the ACT?
A: Yes, you can face charges for money laundering regardless of where the offence occurred, even if it’s outside the ACT or Australia. In such cases, it’s crucial to seek the expertise of a criminal defence lawyer who specialises in handling cross-jurisdictional cases. They can navigate the complexities of international law, coordinate with legal authorities in different jurisdictions, and mount a robust defence tailored to the unique circumstances of your case. If you’re facing allegations of money laundering, contact our criminal defence lawyer service today for expert legal representation and guidance.
Blackmail
In the ACT, blackmail (under Section 342 of the Criminal Code 2002) is making an unwarranted demand with menace, intending to gain something, cause a loss, or influence a public duty, carrying a maximum penalty of 14 years jail or 1400 penalty units (around $210,000+), with the demand not needing to be for money but can be any threat to get what you want, like threatening harm or damage.
In the current day, it maintains a similar meaning at law. Another word often used in its place is ‘extortion’, but more specifically it means “to extort money or anything of value from a person by threats especially of subjecting the person to criminal prosecution or revealing information that could damage the person’s reputation”.
- Unwarranted Demand: You make a demand that you aren’t legitimately entitled to.
- With Menace: The demand is backed by a threat (e.g., serious harm, property damage, revealing embarrassing info).
- Intent: You must intend to:
- Obtain a gain (money, property, advantage).
- Cause a loss to someone else (property, reputation).
- Influence a public official’s duty.
- It doesn’t have to be for money; it can be any action or thing.
- It’s the threat plus the demand that makes it blackmail, not just the threat itself.
- Attempting to commit blackmail
- Being complicit in the commission of blackmail
- Committing blackmail by joint commission
- Inciting or conspiring to commit blackmail
.
Q: What is considered as ‘blackmail’?
A: A person commits an offence if the person makes an unwarranted demand with a menace of someone else with the intention of –
(b) causing a loss; or
(c) influencing the exercise of a public duty.
Q: What is the maximum penalty for Blackmail?
A: The maximum penalties for committing the offence are 1,400 penalty units ($224,000.00), 14 years’ imprisonment, or both, making it a very serious offence
Q: Can I still get in trouble if this didn’t happen in the ACT?
A: Yes, you can face charges for blackmail regardless of where the offence occurred, even if it’s outside the ACT or Australia. In such cases, it’s crucial to seek the expertise of a criminal defence lawyer who specialises in handling cross-jurisdictional cases. They can navigate the complexities of international law, coordinate with legal authorities in different jurisdictions, and mount a robust defence tailored to the unique circumstances of your case. If you’re facing allegations of blackmail, contact our criminal defence lawyer service today for expert legal representation and guidance.
Further advice:
This blog is intended to provide general information about matters that often come before the court and is not legal advice. For legal advice about this offence or any other criminal offence, please reach out to us and speak to one of our lawyers on (02) 9696 1361 (Sydney), (02) 5104 9640 (Canberra) or (08) 6255 6909 (Perth) or by email at [email protected]
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