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DIRTY RUSSIAN MONEY? WILL WE SEE PROSECUTIONS UNDER THE 'SINGLE CRIMINALITY' TEST [Jersey perspective]

16/03/2022

So it seems to be accepted a lot of Russian Oligarch money is dirty.

Therefore, must the question be, will the Attorney General and Regulators step up and ask the questions they should have for the last 20 years?

Jersey's Proceeds of Crime legislation has always applied a 'SINGLE CRIMINALITY' TEST, that is to say, that 'criminal conduct' is determined by reference to Jersey law only, regardless of the law of the place where the conduct occurred.

The SINGLE CRIMINALITY test means that notwithstanding that the predicate conduct is committed outside Jersey, it can be relied on to criminalise the "proceeds" so that, in consequence, criminal money laundering can be an issue.

So to come within the definition of "CRIMINAL CONDUCT" for the offence, the prosecution must show that if the predicate conduct had occurred in Jersey, it would have constituted an offence in Jersey at the time the conduct occurred. 

Moreover, the Jersey offence must be an OFFENCE SPECIFIED IN SCHEDULE 1 (POCL), namely an offence in Jersey of which a person is liable upon conviction to imprisonment for a term of one or more years.

JERSEY