ECSH82840 - Sanctions for non-compliance: financial penalties: financial penalties framework: definition of knowingly concerned in a contravention of the regulations

'Knowingly concerned' is not defined in the Money Laundering Regulations.

The definition is if the individual knew what they were supposed to do, or if they were expected to know what to do but failed to do it then they are knowingly concerned in a contravention. Below is some case law.

In the Securities and Investment Board (a predecessor to the Financial Conduct Authority) sought a compensation order against a director on the basis that he had been 바카라 사이트˜knowingly concerned바카라 사이트™ in the contravention by Scandex of a regulatory requirement. Millett LJ (as he then was), endorsed an earlier dictum of Neville J in Burton v Bevan [1908] 2 Ch 240 at 246-247, which concerned whether the defendant had 바카라 사이트˜knowingly contravened바카라 사이트™ a particular statutory provision. Neville J said:

'I think that 'knowingly' means with knowledge of the facts upon which the contravention depends. I think it is immaterial whether the director had knowledge of the law or not. I think he is bound to know what the law is, and the only question is, did he know the facts which made the act complained of a contravention of the statute?'

Knowingly concerned therefore means the individual:

  • knew or should reasonably have known about the obligation within the relevant requirement
  • knew 바카라 사이트“ or should reasonably have known 바카라 사이트“ that the contravention was occurring, and
  • did not act to prevent the contravention from occurring.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)