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?Ian is an accountant, and one of his clients is Jet, who runs an illegal operation as well as some other?legitimate businesses. Jet approached Ian for advice as to how he should deal with the gains he makes from?the illegal operation. Ian suggested that, rather than try to use his existing legitimate businesses to disguise?the source of the money, Jet should use his legally made money to buy the local football club, Kickers, with?the intention of passing his gains from the illegal operation through the club's accounts.?

Jet accepted the proposal and appointed Ian as Kickers' finance director and together they passed the illegal?money through the football club.??

33

【論述題】

?State the offence of money laundering?

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考點：Chapter22Fraudulentandcriminalbehaviour

?Money laundering is the term given to attempts to make the proceeds of crime appear respectable. It covers?any activity by which the apparent source and ownership of money representing the proceeds of crime are?changed so that the money appears to have been obtained legitimately.?

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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