![]() For more information, read our practice note on responding to a financial crime investigation. You cannot include any privileged information and, for the crime/fraud exemption to apply, you’ll need strong prima facie evidence that you’re being involved in a criminal offence.Īny requests by law enforcement agencies for client files should be accompanied by an appropriate court order or notice. If you decide that you have a suspicion as a result of contact from the police or other agencies, you should carefully consider what you put in your SAR. If not, you should carefully consider the facts given to you by the police or other law enforcement agencies to support any allegation of wrongdoing.Ī court may be unsympathetic to a solicitor who disregarded specific warnings from law enforcement about a client. You may have information that clearly demonstrates the client’s innocence, which would mean that you do not have a suspicion of money laundering. However, you should consider any investigation in light of all the information that you have on the client’s file. Suspicion is not automatically transferred if, for example, a police officer advises you that your client is under investigation for a criminal offence. In Da Silva, it was noted that “a vague feeling of unease would not suffice”. You have a reportable suspicion if you think there’s a possibility, which is more than fanciful, that the relevant facts exist. The leading test comes from R v Da Silva EWCA Crim 1654. You’ll need to decide whether you’ve formed a suspicion before you’re obliged to make a SAR. If you're an MLRO working in the non-regulated sector, you must make a SAR if you know or suspect that money laundering is taking place. ![]() If you’re an MLRO working in the regulated sector, you must make a SAR if you know or suspect, or have reasonable grounds for knowing or suspecting, that a person is engaged in money laundering. Read our guidance on identifying money laundering When to make a SAR Regulated sector
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