Skip to main content

Preventing money laundering and the financing of terrorism

Failing to report

8.66 POCA and the Terrorism Act create offences of failing to report suspicious activity (sections 330 and 331 of POCA, and section 19 of the Terrorism Act). Where a person fails to comply with the obligations to make disclosures to a nominated officer and/or the NCA as soon as practicable after the information giving rise to the knowledge or suspicion comes to the employee they are open to criminal prosecution. The criminal sanction, under POCA or the Terrorism Act, is a prison term of up to five years, and/or a fine. 

8.67 For all failure to disclose offences under POCA, it will be necessary to prove that the person or nominated officer either:

  • knows the identity of the money launderer or the whereabouts of the laundered property
  • believes the information on which the suspicion was based may assist in identifying the money launderer or the whereabouts of the laundered property (sections 330(3A) and 331(3A) of POCA).

8.68 Casino operators and nominated officers, therefore, must comply with the reporting requirements imposed on them by POCA and the Terrorism Act. 

Next chapter: After a report has been made