R v GH (Respondent)

[2015] UKSC 24 UKSC 2014/0035 R v GH (Respondent) On appeal from the Court of Appeal (Criminal Division) (England and Wales) This appeal considered whether an individual who opened a bank account, later used by another individual to store the proceeds of insurance frauds, commits the offence of entering or becoming concerned in an arrangement which he knows or suspects facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person contrary to s.328 Proceeds of Crime Act 2002. 'H' opened two bank accounts and passed the documentation to another individual 'B' who then used those accounts to receive and retain payments made to him by victims of an online car insurance fraud. H and B were tried for the offence under s.328 POCA set out above. The trial judge accepted no case submissions in the case of both defendants on the basis that the payments into the bank accounts were not "criminal property". The Crown appealed. The Supreme Court unanimously allows the appeal.