In the case, Rogers & Ors v R [2014] EWCA Crim 1680, the Court of Appeal ruled that an individual could be tried for money laundering under the Proceeds of Crime Act 2002 (POCA) for permitting the receipt of sums obtained by fraud into his foreign bank account and then allowing the sums to be withdrawn.

The defendant, Mr Rogers, was convicted for converting criminal property under section 327 of POCA. The judge had, at the end of the prosecution’s case, permitted an amendment to the indictment in the form of a new count alleging that Mr Rogers had converted fraudulently obtained sums by permitting its receipt into his personal bank accounts in Spain and allowing the subsequent withdrawal of the money. Mr Rogers had no case to answer to another charge of money laundering that arose out of the same actions.

The Court of Appeal dismissed the appeal. The Court considered that an amendment to the indictment at such a late stage was possible and considered the scope of the offences in POCA. Money laundering that occurred abroad can fall within the jurisdiction of the English Courts. The monies obtained by the fraud in the UK became criminal property under POCA when they reached a bank account in the UK controlled by the conspirators and did not cease to be criminal property when they arrived in the Spanish bank account. By allowing the use of the bank account to receive these funds, Mr Rogers was guilty of converting criminal property under section 327 of POCA.

A copy of the judgment is available