Money Laundering - Gwyn James Solicitors (2024)

PROVING YOUR IDENTITY

How to prove your name and address when instructing us to undertake work on your behalf

WHY DO YOU ASK ME TO PROVE MY IDENTITY AND ADDRESS?

The Government requires all Solicitors to guard against possible money laundering. Money laundering is the process by which the proceeds of crime become “clean”. Criminals often try to hide their identities, so identity checks are an important way of fighting money laundering, terrorism and other criminal activities.

Asking for you to prove your identity does not mean that we suspect you of being a criminal, but it enables us to comply with the Money Laundering Regulations and the requirements of third parties who may be involved in your matter such as the Land Registry and Council of Mortgage Lenders. It is also good practice for us as Firm to establish who our clients are even when money is not directly involved in the matter.

WHAT DO I NEED TO PROVIDE?

IDENTIFICATION FOR INDIVIDUALS

Proof of Identity – we will need to see the original of ONE of the following:

Government issued documents with a photograph

  • Current UK Signed Passport
  • Current photocard driver’s licence
  • Firearms or Shotgun Certificate

If you do not have a Government issued document with a photograph, we may be able to accept ONE of the following:

  • Valid Full Driving Licence (old style)
  • Recent evidence of entitlement to a state or local authority funded benefit scheme – e.g. Benefit book or original notification letter from the DWP confirming the right to benefits
  • Most recent HM Revenue & Customs tax notification such as tax assessment, tax demand or self-assessment statement.

Proof of Address – we will need to see the original of ONE of the following:

  • Recent (not more than 3 months old) utility bill
  • Recent (current year) Council tax bill
  • Recent (not more than 3 months old) bank or building society statement showing current address
  • Recent (current year) mortgage statement from a recognised lender.

If you do not have any of the above, please contact us and we will discuss with you alternative forms of identity.

WHERE WE MEET YOU “FACE-TO-FACE”

You will need to bring the ORIGINALS of the ID documents to one of our offices where they will be checked and copied for our records. Please remember that each individual must bring their own ID documents to the office as we will not usually be able to accept someone else bringing them on your behalf.

WHERE WE DO NOT MEET YOU “FACE-TO-FACE”

We may need to ask you for additional ID and address documents. We can sometimes accept copies of the required ID documents but only if they have been checked and certified by another suitably qualified person such as a Solicitor, Financial Advisor, Bank Manager, Accountant or local GP. The person certifying the copy ID documents must mark the copy with confirmation that they have seen the original and must sign, date and print their name, profession, contact address and telephone number on the documents as they must be capable of being contacted if necessary.

ELECTRONIC SEARCHES

In some cases, we may also undertake an electronic check to verify identity. This operates by searching various publically available databases. The Search does not affect your records and status but may leave a “soft” footprint showing that the search has been made.

IDENTIFICATION FOR NON-PERSONAL CLIENTS

Unincorporated businesses or partnerships

We will need identity and address evidence for the individual partner/s or owner/s of the business as described above. In addition, we require a document confirming the business address and written confirmation on business letterhead from all partners/owners that we are instructed to act for the business and on what basis.

Private Limited Companies

As well as identity and address evidence for at least two directors we will check with Companies House for the full name and company number and undertake an electronic search to ascertain the names of all directors. We will require written evidence on business letterhead that we have the authority of all Directors to act on behalf of the Company.

Clubs and Associations

We will need identity and address evidence for all signatories on behalf of the Club or association as well as a copy of the constitution of the club or association and a written instruction on the club or association’s letterhead, signed by all officials to show that we have authority to act on behalf of the Club or association

Money Laundering - Gwyn James Solicitors (2024)

FAQs

What evidence do you need for money laundering? ›

Recent (not more than 3 months old) utility bill. Recent (current year) Council tax bill. Recent (not more than 3 months old) bank or building society statement showing current address. Recent (current year) mortgage statement from a recognised lender.

How to prove you are not money laundering? ›

Bank records and statements play a crucial role in proving the legitimate source of assets or cash. These documents provide a transparent and verifiable record of financial transactions, ensuring accountability and preventing money laundering or illegal activities.

How long do anti-money laundering checks take? ›

As with most things of this nature, the time to complete these checks varies, but they usually take a week or two.

How do you prosecute money laundering? ›

Money laundering prosecutions will usually be based on circ*mstantial evidence, whereby a number of pieces of evidence are adduced, from which inferences are drawn to meet the standard of proof that the property in question has a criminal origin.

How do money launderers get caught? ›

Some of the steps financial institutions, their employees, and others can take to detect digital laundering include: Assembling details of possible and known networks of mules. Monitoring high-volume and suspicious transactions. Ensuring that the know your client (KYC) protocols are adhered to on a regular basis.

What is the most common form of money laundering? ›

Reselling assets

Real estate is one of the most common vehicles for this type of money laundering, but luxury cars and other such items are popular placements for illicit funds.

How do banks know if you are money laundering? ›

Pattern Detection: The system can identify patterns that are typical of money laundering, such as multiple small deposits followed by a large withdrawal. Behavioural Analysis: By comparing current transactions to the customer's usual behaviour, the system can detect anomalies that may indicate illegal activities.

How do you prove proof of funds? ›

What is proof of funds?
  1. A bank account statement showing the available amount.
  2. A mortgage agreement, or a letter from a mortgage lender.
  3. Deed of gift proving the money has been gifted to you.
  4. Proof of your property sale, if that is your source of funds.
  5. An executor's letter confirming an inheritance.
  6. Pension statements.

What percentage of money laundering goes undetected? ›

Despite a high imprisonment rate of 91.1% for money laundering offenders, a staggering 90% of money laundering crimes go undetected.

What dollar amount is considered money laundering? ›

Money Laundering under California Penal Code Section 186.10 PC contains the following elements: The defendant completed a transaction or a series of transactions through a financial institution. The total amount of the transaction(s) must be more than $5,000 in a seven day period OR more than $25,000 in a 30 day period.

Do people go to jail for money laundering? ›

If you're accused of laundering $500,000 or more, you could face 10-20 years in prison and a maximum fine of either $200,000 or three times the value of the property involved, whichever is greater. If you're convicted, you'll be ineligible for parole for at least ⅓ to ½ of your sentence.

What is the minimum sentence for money laundering? ›

However, a felony money laundering conviction has a minimum jail sentence of 16 months.

What documents are required for anti money laundering? ›

Below is a list of acceptable documents
  • Valid passport with full MRZ (machine readable zone).
  • Valid photo card driving licence (full and provisional).
  • Valid national identity card with MRZ.
  • Valid firearms certificate/shotgun licence.
  • Valid biometric residence permit.

What are the criteria for money laundering? ›

Money laundering is the concealment of the origins of money gained from crimes, including tax evasion, human trafficking, drug trafficking, and public corruption. It also includes money being illegally routed to terrorist organizations.

What are the requirements for money laundering reporting? ›

Specifically, the regulations implementing the BSA require financial institutions to, among other things, keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax ...

What checks are done for money laundering? ›

The following type of customer information is typically integral to an AML check:
  • Name.
  • Photograph on an official document which confirms their identity, such as a driving licence or passport.
  • Proof of residential address.
  • Date of birth.

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