Practice question
A systems custodian knows a proposed transaction launders identified criminal proceeds. He deliberately fails to perform a control action, and the proved omission facilitates a Section4(a) laundering offense. The charge relies on Section4(f), not merely failure to send a report. He says an omission can never be laundering unless it is the reporting offense. Which is correct?
- Section4(f) separately covers a proved facilitating omission with the statutory knowledge and result
- The reporting paragraph is the only possible omission offense
- Any innocent delay is automatically the charged offense
- Only a custodian who personally pockets the funds can fall within Section4(f)
- An omission can never facilitate an offense as a matter of law
Legal references
- RA10365 Sections4–5 amending AMLA Sections4 and6: https://lawphil.net/statutes/repacts/ra2013/ra_10365_2013.html AMLA Section4(b),(c),(f) and final paragraph.
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