Judicial Officers' Fraud and Corruption Advanced Course

Session 2: Fraud and corruption related offences

A presentation on Money Laundering ‘Follow the Money’ was presented by Justice Michael Wigney, The Federal Court of Australia at the Advanced Judicial Officers’ Fraud and Corruption Workshop in Port Vila, Vanuatu, 12-14 March, 2024.

The following content was covered:

  • Money Laundering
    • Background
    • Offence provisions (Australia)
    • Why launder?
  • Stages of Money Laundering
    • Money Laundering Cycle
  • Regulation
    • Anti Money Laundering and Counter-Terrorism Financing Act 2006 (Cwlth)
    • AUSTRAC
    • Proceeds of Crime Act 2002 (Cwlth)
  • Offences
    • The conduct element
    • The circumstance element
    • The fault element
    • “Instrument of crime”
  • Issues
    • Proof of the offence
    • Sentencing
  • Examples
  • Asia Pacific Group on Money Laundering

Presentation

Money laundering

PDF Slides presentations (PDF, 2.3 MB)

Readings

Money Laundering

Important questions regarding Money Laundering

  • Why is money laundering criminalised?
  • What are the different regulatory regimes that exist to combat money laundering?
  • Identify the elements of a money laundering offence and the evidentiary issues that may arise.

Fraud and Corruption 

Presentation

Important questions regarding Fraud and Corruption

  • What is the nature and purpose of bribery/official corruption offences?
  • What are the elements?
  • What are the key issues arising?
  • In summary:
    • What is the office held?
    • Did the asking or receiving of benefit occur on account of something to be done in the discharge of the duty of office.

Additional Resources