NCJ Number
201538
Date Published
2003
Length
11 pages
Annotation
This article explores issues of discretion and decisionmaking in the prosecution of money laundering offenses in the United Kingdom.
Abstract
Compared to the United States, England and Wales rarely prosecute individuals for money laundering offenses. However, it is generally accepted that a great deal of money laundering happens in the United Kingdom. According to the author, there are four principle factors affecting prosecution rates for any criminal offense, including money laundering: the level of reporting, the state of legislation, the effectiveness in gathering evidence, and the exercise of prosecutorial discretion. The author explores how discretion impacts different categories of money laundering prosecution in the United Kingdom. A case is made that investigative discretion impacts prosecutorial discretion in so much as the information that is included in a case file before it is sent to a prosecutor has an impact on the decisionmaking of the prosecutor. Other factors that impact prosecutorial discretion include issues of public interest, the importance of protecting the national economy and financial institutions, and the importance of deterring potential money launderers. The author next discusses the two categories of money laundering prosecutions: integrated prosecutions, where other offenses are being prosecuted as well, and stand-alone prosecutions, in which the sole criminal activity is money laundering. Discretion in each type of category is explored. The author asserts that money laundering legislation in the United Kingdom has been ineffective because law enforcement authorities do not take the offense seriously. It is suggested that policies be established to guide prosecutorial discretion in money laundering cases.