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31 July 2009 / David Hislop
Issue: 7380 / Categories: Features , Human rights , Banking
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Banks, SARS & the customer

Banks & customers are potential victims in an unhappy balance,
says David Hislop

Part 7 of the Proceeds of Crime Act 2007 (POCA 2002) put banks between a rock and a hard place. The bank has no interest in acting contrary to the needs or interests of their customers upon who they rely for business. Doubtless they have every desire to meet their own contractual duties owed to their customers in the interests of good business. But Pt 7 of POCA 2002 clearly puts the bank between its customer and the legislature.

Even if a bank account did not contain funds which were criminal property and no offence had been committed by the customer, s 328(1) applied where the bank had a suspicion that it was involved in dealing with criminal property; the combined effect of ss 328(2), 335 and 338 is to force a third party in the bank’s position to report its suspicions to the relevant authorities and not to move suspect funds or property for the requisite time period;

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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