• Top 1% of Defence Law Firms

  • Defended over 50,000 Cases

  • 5 star google reviews

  • 40 Years of Criminal Law Expertise

Criminal Defence Articles

WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR HAWALA BANKING & MSBS OFFENCES?

money laundering conspiracy

Hawala banking and money service businesses (MSBs) offences have been on the rise in recent years and you should seek professional legal assistance as soon as possible if you suspect you will be – or already have been – arrested or charged for these offences. Connecting with a knowledgeable solicitor early can significantly alleviate stress and guide you through the complexities of English criminal law. This article aims to demystify the process, answering key questions such as whether you need a solicitor for hawala banking and MSBs, what potential defences might be available, and the likelihood of being granted bail.

Do I need a solicitor for hawala banking & MSBs offences?

Having a solicitor is highly advisable if you are facing any legal inquiries or charges related to hawala banking or MSBs. The complex nature of financial regulations in the UK means that navigating them without professional assistance could be overwhelming and potentially detrimental to your case. Here are some reasons why securing the services of a criminal defence solicitor is beneficial:

  • Understanding of complex financial regulations: Solicitors knowledgeable in financial law can help you understand the specific regulations you must comply with, such as the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, and how they apply to your activities.
  • Legal representation: If you are charged with an offence, a solicitor can represent you in court, articulating a defence strategy that aims to achieve the best possible outcome given the circumstances.
  • Expert advice: Solicitors with experience in handling cases related to hawala banking and MSBs can offer expert advice tailored to your unique situation. They can provide guidance on how to proceed during investigations or if you receive a notice from a regulatory authority.

What are possible defences for hawala banking & MSBs offences?

One of the primary defences may involve challenging the evidence presented by the prosecution. For instance, the prosecution must prove beyond reasonable doubt that you had intending knowledge of the illegal nature of the transactions you facilitated. You may argue that any transactions conducted were done without knowledge of their illegality. If you can show that you carried out transactions in good faith, without awareness of any criminal activity, this could be a potent defence.

Another potential defence could be focusing on the lack of sufficient regulatory guidance. Given that hawala systems operate largely outside of the formal financial sector, some individuals might not be aware that their actions could be interpreted as illegal. Demonstrating that you neither intended nor were informed of the requirement to comply with certain financial regulations is crucial. Furthermore, highlighting that any oversight was not deliberate can bolster your defence.

You could also argue that the oversight was due to legitimate business activity falling within a grey area of regulation, where laws might be applied inconsistently or are unclear. Such a defence could involve:

  • Demonstrating that the transactions were consistent with your established business practices.
  • Providing documentation of compliance efforts with applicable laws and regulations that were in force.
  • Showing consultations with legal or regulatory experts indicating a lack of clarity in legal guidance.

Will I get bail for hawala banking & MSBs offences?

Hawala banking and MSBs can raise specific concerns during bail hearings. These activities are often scrutinised for their links to money laundering and other financial crimes. As such, the courts may be cautious, especially if they believe there is a significant risk of you absconding or engaging in similar unlawful activities if released.

Considerations that may influence the decision regarding your bail application include:

  • Risk of absconding: The court will assess whether there is a chance you might flee to avoid prosecution. In cases related to hawala banking, the perception of international links could heighten this risk in the eyes of the court.
  • Risk of reoffending: If there is concern that you may continue involvement in illicit financial activities, this could negatively impact your bail prospects.
  • Strength of prosecution’s case: Strong evidence against you diminishes the likelihood of bail, as it might increase absconding and reoffending risks.
  • Community ties: Demonstrating strong connections to the community, such as family ties or stable employment, could argue in your favour, suggesting you are less likely to abscond.

Will I have to go to court if I’m arrested or charged for hawala banking & MSBs offences?

Several factors will influence whether you have to go to court for hawala banking or MSBs offences. These can include:

  • Regulatory compliance: MSBs are subject to strict regulations, including registration with the Financial Conduct Authority (FCA) and compliance with anti-money laundering (AML) laws. Non-compliance with these regulations can lead to legal action, potentially resulting in a court case.
  • Severity of the alleged offence: The seriousness of the alleged offence will influence whether court proceedings are necessary. Minor regulatory breaches might be dealt with through fines or other administrative actions rather than a court trial.
  • Previous legal history: Your prior legal history might have an impact. If you have prior convictions or have been previously involved in similar matters, authorities might decide to escalate the case to court.

Will I go to jail if found guilty of hawala banking & MSBs offences?

The UK takes violations of financial regulations seriously, particularly those that are associated with facilitating money laundering or funding illegal activities. When determining the appropriate sentence, the court considers multiple aspects, including the scale and impact of the offence. For instance, a key determining factor is whether your involvement in hawala banking or MSBs was part of organised crime or if it involved large sums of money.

Other relevant considerations might include:

  • The intent behind the transactions and whether they were deliberate attempts to evade the law.
  • The duration over which the activities were carried out.
  • Any previous convictions you may have that relate to financial crimes or similar offences.
  • Whether you cooperated with authorities during the investigation.

If found guilty, you could face a range of penalties, from fines to imprisonment. The severity of the sentence aligns with the nature and magnitude of the financial offences.

Will I go to jail if it’s my first offence of hawala banking & MSBs offences?

As with all offences, something being your first offence does not necessarily mean you will be treated less harshly. Whether you will face a custodial sentence depends on several factors:

  • Severity of the offence: The court will assess the scale of the operation, the amount of money involved, and whether the activities caused significant harm or were part of organised crime. Serious offences are more likely to lead to imprisonment.
  • Intent and knowledge: The prosecution will seek to prove whether you knowingly and deliberately engaged in illegal activities or if the offence occurred due to negligence or lack of awareness.
  • Aggravating or mitigating factors: Aggravating factors, such as links to money laundering or criminal networks, increase the likelihood of jail time. Mitigating factors, like a lack of prior convictions, cooperation with authorities, or evidence of remorse, may reduce the severity of the sentence.

Can I get Legal Aid for hawala banking & MSBs offences?

Legal Aid is a government-funded programme designed to provide financial assistance for legal services to those who cannot afford them. Eligibility for Legal Aid in criminal cases is determined based on two main criteria: the interest of justice and the individual’s financial means. Here is a breakdown of these two considerations:

  • Interest of justice: This test assesses the seriousness of the offence and whether it is in the public interest for you to have legal representation. Hawala banking and MSBs (Money Service Businesses) offences are often considered serious due to their potential links to money laundering and financial crime. As such, these cases typically meet the interest of justice requirement, especially if there is a risk of imprisonment.
  • Financial means: The means test evaluates your financial situation to determine if you can afford legal representation. Factors such as your income, savings, assets, and necessary living expenses are considered. If your financial resources fall below a certain threshold, you may qualify for Legal Aid. In some cases, you may be required to make a contribution towards your legal costs, depending on your financial circumstances.

Where to get more help

Financial misconduct charges are highly likely to impact your future. If you or someone you care about is facing these charges, make sure you understand your rights and seek expert guidance to ensure the best possible outcome in your situation. A skilled criminal defence solicitor can provide the support and expertise you need during this challenging time. If you are in need of legal assistance, get in touch with the team at Stuart Miller Solicitors today.

OUR COMMITMENTS TO YOU:

  • Responsive

    A legal expert will consult you within 24 hours of making an enquiry.

  • Empathetic

    We will always treat you with trust, understanding and respect.

  • Specialised

    Your case will be handled by an expert who specialises in your type of offence.

  • Proactive

    We will take early action to end proceedings as soon as it is practically and legally possible to do so.

  • Engaged

    You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.

  • Caring

    We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.

  • Tenacious

    We will never give up on your case. We fight tirelessly to get you the best possible outcome.

Google Rating
4.6
Based on 403 reviews
×
js_loader

Further Reading

Emergency?

Call 24 hours a day, 7 days a week.