Prosecutions for breaches of the AML/CFT Code

Summary

The request sought statistics on prosecutions for breaches of the Anti-Money Laundering and Countering the Financing of Terrorism Code from 2011 to 2018. The Attorney General's Chambers disclosed that only two cases were referred in 2017, with one resulting in a guilty plea and the other still pending.

Key Facts

• The request covered the period from 11 October 2011 to April 2018.
• No cases were referred to the Attorney General's Chambers for prosecution between 2011 and 2016.
• Two matters were referred for consideration of prosecution in 2017.
• One of the 2017 cases resulted in a guilty plea in the same year.
• The second 2017 case was still being pursued through the Court as of April 2018.

Data Disclosed

• 11 October 2011
• 2017
• 2018
• 2
• 1
• 0
• 9 March 2018
• 9 April 2018

Original Request

In respect of breaches or suspected breaches of the Anti-Money Laundering and Countering the Financing of Terrorism Code 2015 (or any similar legislation that was replaced by that Code), collectively 'the Code', please provide me with: 1. The number of cases referred to Chambers for consideration of prosecution; 2. The number of cases where prosecution was pursued; 3. The number of cases where prosecution was not pursued; 4. Of the cases where a prosecution was pursued the number that resulted in a guilty plea or conviction; and 5. Of the cases where a prosecution was pursued the number that resulted in an acquittal. The above request to relate to the period from 11 October 2011 to date. Please provide the information broken down by calendar year.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452 E-mail: attgen@gov.im

Our ref: 362835 9 April 2018

Dear ###

We write further to your request which was received on 9 March 2018 and which states:

"In respect of breaches or suspected breaches of the Anti-Money Laundering and Countering the Financing of Terrorism Code 2015 (or any similar legislation that was replaced by that Code), collectively 'the Code', please provide me with: 1. The number of cases referred to Chambers for consideration of prosecution; 2. The number of cases where prosecution was pursued; 3. The number of cases where prosecution was not pursued; 4. Of the cases where a prosecution was pursued the number that resulted in a guilty plea or conviction; and 5. Of the cases where a prosecution was pursued the number that resulted in an acquittal. The above request to relate to the period from 11 October 2011 to date. Please provide the information broken down by calendar year."

Our response to your request is as follows: I have detailed below the information that is being released to you. The Attorney General’s Chambers has received a total of two matters for consideration of prosecution for breaches of the Anti-Money Laundering and Countering the Financing of Terrorism Code 2015 (or any similar legislation that was replaced by that Code). Both of these were received in 2017 for consideration. One of which was pursued and the prosecution resulted in a guilty plea in the same year. The second matter is presently being pursued thorough the Court. 1. The number of cases referred to Chambers for consideration of prosecution; 2017 – 2: all other years 0. 2. The number of cases where prosecution was pursued; 2017 – 1 (1 awaiting prosecution in 2018) 3. The number of cases where prosecution was not pursued; 2017 - 0 4. Of the cases where a prosecution was pursued the number that resulted in a guilty plea or conviction; and 2017 - 1 5. Of the cases where a prosecution was pursued the number that resulted in an acquittal. 2017 - 0

Please quote the reference number 362835 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to us at:

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452 E-mail: attgen@gov.im

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date. Yours sincerely