Criminal Defence for Chinese Citizens in the UK

What type of cases do our criminal law solicitors for Chinese nationals take on?

Our dedicated team of criminal defence solicitors for Chinese nationals can advise and represent you at all stages of criminal proceedings related to offences including but not limited to:

• Drug Offences (from simple possession to possession with intent to supply, drug conspiracies, cultivation and production)
• Sexual Offences and images
• Serious and Violent Crime (including Common Assault, ABH, and GBH)
• Murder & Manslaughter
• Firearms & Knife Offences
• Terrorism
• Serious Fraud
• Driving Offences
• Theft, Burglary and Robbery

We also have particular experience in supporting Chinese nationals accused of money laundering.

Money laundering

Money laundering is a particularly serious financial crime governed by a complex legal framework and the use of multi-agency co-operation for investigation and prosecution. The offence attracts severe penalties and an investigation can have serious consequences for you personally and professionally.

In recent times, financial investigators have increasingly turned their attention to the use of Chinese Underground Banking and ‘Daigou’ for money laundering purposes, contrary to the Proceeds of Crime Act (POCA) 2002. Our firm have advised in numerous such cases and have a wealth of experience in navigating this newer, highly complex avenue of money laundering prosecutions. 

If you are the subject of an investigation into suspected money laundering, contact JD Spicer Zeb. Thanks to our specialist expertise in these complex matters, we can provide the very best support to protect your legal rights and secure the best available outcome.

What money laundering offences can you be charged with?

The principal money laundering offences are:

1. Concealing, disguising, converting, or transferring criminal property
2. Removing criminal property from England and Wales, or from Scotland, or from Northern Ireland
3. Entering into or becoming concerned in an arrangement knowing or suspecting that it facilities the acquisition, retention, use or control of criminal property by or on behalf of another person
4. Acquiring, using or possessing criminal property

The elements of each are defined in sections 327 to 329 of POCA 2002.

What defences are there to money laundering?

There are a number of legal defences against money laundering which may be applicable to your case dependent on the facts.

The most common defence is where a defendant can demonstrate that they did not know or suspect that the money or property constituted or represented a person’s benefit from criminal conduct.

This will require strong evidence in order to substantiate the claim before the court. Therefore, we strongly recommend engaging the assistance of our expert solicitors to advise you on the suitability of raising any such defences.

Chinese underground banking and money laundering

The transfer of personal funds out of China is tightly regulated, which has led some Chinese citizens to avoid official channels and instead use an Informal Value Transfer System known as Underground Banking.

This has created a significant market between China and countries such as the UK, allowing large sums to be moved out of China in breach of Chinese law.

Underground banking works by paying money into a bank account controlled by a Chinese IVTS provider, who then arranges for an equivalent payment to be made into the recipient’s chosen account in the UK or elsewhere.

Recent UK money laundering cases have highlighted how this system is abused to conceal criminal proceeds. Criminal cash generated in the UK is used to settle unrelated Underground Banking remittances owed to Chinese citizens in the UK. The cash is often first deposited into mule accounts, frequently held by Chinese students.

Daigou

‘Daigou’ roughly translates to 'buying on behalf of' and refers to the practice of purchasing goods on behalf of third parties in China.

In China, luxury goods are often subject to significant import tariffs, making them very expensive. Counterfeiting of designer brands is also rife. This is has led to a profitable market whereby Chinese nationals in the UK purchase large amounts of high-end, branded goods and infant formula milk, and ship them back to China to sell them there. This practice can be highly lucrative.

This activity is not technically illegal in China, so long as all local laws are complied with. However, in practice many Daigou breach the law by importing the goods into China without paying the required import duties and taxes, or the required income tax. In response, the Chinese government has introduced further laws to crack down on these illegal practices which are likely to drive Daigou further into underground practices.

In the UK, an additional effect of Daigou is the exploitation of the HMRC VAT 407 retail export scheme, which allows VAT to be reclaimed on goods purchased in retail stores in the UK that are intended to be exported.

Pre-charge bail

If you are released on pre-charge bail (also known as released on bail), your investigation will be ongoing so that the police can gather more evidence.

During this period, you may be subject to certain bail conditions. For example, there may be restrictions on where you can go, or there may be requirements for you to attend the police station at certain times.

To find out more in relation to pre charge bail please use the links provided below:

• Pre-charge bail and Released Under Investigation (RUI)
• On Bail But Not Charged - What Does It Mean?
• How long can you be on bail without charge UK?

Speak to our criminal defence solicitors for Chinese nationals

If you are a Chinese national requiring legal support and representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 – our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.