OPINION OF LORD JONES IN THE PETITION SCOTTISH MINISTERS FOR A DISCLOSURE ORDER IN RESPECT OF AM [2014] ScotCS CSOH_131 (19 August 2014)

OPINION OF LORD JONES IN THE PETITION SCOTTISH MINISTERS FOR A DISCLOSURE ORDER IN RESPECT OF AM [2014] ScotCS CSOH_131 (19 August 2014)

The Scottish Ministers, acting as enforcement authority under Part 5 of the Proceeds of Crime Act 2002, are not investigating money laundering offences but conducting a civil recovery investigation. The disclosure order was not made in relation to a money laundering investigation, and the respondent is required to comply with the order.

Citation
[2014] ScotCS CSOH_131
Parties
Petitioner: Scottish Ministers; Respondent: AM
Jurisdiction
Scotland
Judgment Date
19 August 2014
Procedural Posture
Petition for Disclosure Order Under Proceeds of Crime Act 2002 / Motion to Vary Disclosure Order
Outcome
Motion to vary disclosure order refused
Legal Topics
Disclosure Orders, Civil Recovery Investigation, Money Laundering Investigation, Proceeds of Crime Act 2002, Jurisdiction of Scottish Ministers
Civil Recovery Proceeds of Crime Criminal Law (ancillary) Disclosure Orders Civil Recovery Investigation Money Laundering Investigation Proceeds of Crime Act 2002 Jurisdiction of Scottish Ministers

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Parties

Scottish Ministers

Petitioner

AM

Respondent

Procedural Posture

Petition for Disclosure Order Under Proceeds of Crime Act 2002 / Motion to Vary Disclosure Order

Legal Issues

  1. 1 Whether the disclosure order was made in relation to a money laundering investigation contrary to section 391(2) of the Proceeds of Crime Act 2002
  2. 2 Whether Scottish Ministers are investigating money laundering offences or conducting a civil recovery investigation

Ratio Decidendi

The Scottish Ministers, acting as enforcement authority under Part 5 of the Proceeds of Crime Act 2002, are not investigating money laundering offences but conducting a civil recovery investigation. The disclosure order was not made in relation to a money laundering investigation, and the respondent is required to comply with the order.

Court Disposition

Motion to vary disclosure order refused

Orders

  • Respondent required to attend for interview and answer relevant questions under the disclosure order