Proceeds of Crime (continued)

Be wary of clients who want to bring you cash, even if they claim they have no bank account. Such clients can always bring you a money order or bank draft. Refuse to act for any client in a matter that is more in the nature of a banking service than a legal service. Approach with caution any situation where you can't define the legal services you are being asked to carry out.  Reach out to a colleague or call the Law Society for advice on how to deal with ambiguous requests; you can do this while still keeping the client's name in confidence.
 
You are in a difficult situation if you have, or suspect you have, received funds that constitute proceeds of crime. You may be prosecuted if you return the money to the client, transfer it to another lawyer's trust account or distribute it to third parties. At the same time, you risk prosecution if you keep the money without taking the proper steps.
 
What should you do upon learning or suspecting you have funds in your account that constitute proceeds of crime?
  • Retain knowledgeable counsel for yourself and disclose in writing to that counsel your knowledge respecting the funds. (This action serves as evidence that you are only holding the funds in the public interest and negates criminal intent.)
  • Advise your client that you are holding the funds in trust and will only release them on court order.
  • Consider notifying law enforcement officers.