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.
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.