Despite being widespread, illegal and often appallingly brutal, animal crime can be a lucrative business. It often goes undetected, not least because the victims cannot report it and enforcement is piecemeal at best.

Given the legal and professional duties of solicitors to report suspected proceeds of crime, it is important that they are able to identify potential animal crimes, such as unlicensed puppy farms, illegal wildlife trade, unlawful agricultural practices, unlawful habitat destruction and illegal hunting. It is hoped that increased awareness among regulated professionals will lead to more disclosures and improved monitoring and, in turn, disincentivising animal cruelty and other animal crimes.

Brief reminder of the law

The principal money laundering offences are contained in part 7 of the Proceeds of Crime Act 2002, and include concealing, acquiring or arranging for someone to acquire property which the person knows or suspects to be criminal property (sections 327-329). Criminal property includes money obtained from crime, and an offence may be committed by a third party who has not otherwise benefited from the commission of the offence (section 340(4)). Solicitors could therefore be at real risk of committing offences if they deal with client assets which they know or suspect constitute the proceeds of crime.

Sections 330-333A create additional offences which may be committed by regulated professionals, including the offence of failing to disclose knowledge or suspicion of money laundering (section 330). Only ‘reasonable grounds’ for knowledge or suspicion are required for the offence to be made out. In other words, it is not enough for a regulated person to turn a blind eye; they have an obligation to ask questions and consider where the money has come from, and failure to do so may constitute a criminal offence.

Proceeds of animal and wildlife crime

Some of the most common forms of animal offending are widespread and commercialised. As with any other profitable offence, the proceeds of crimes against animals may constitute criminal property, and solicitors are at risk of committing offences if they fail to take the necessary steps. In order to fulfil their obligations, solicitors may benefit from being aware of some common and profitable offences to look out for, and the kinds of questions to ask. This is not an exhaustive list.

Farming

The Animal Welfare Act 2006 and supporting regulations set minimum standards for the welfare of farmed animals. However, meeting these standards can be expensive and, in a competitive market burdened by increased regulation and economic pressures, there are vast profits to be made by cutting corners. Unlawful activity can be exposed by undercover investigations. Solicitors should be asking questions of their clients to reassure themselves that minimum standards are being met and, where they believe they are not, making relevant disclosures.

Entertainment

Horse and greyhound racing may also be sources of criminal profits. These industries are self-regulated, making it difficult to spot unlawful activity, and offences may include race fixing and animal cruelty. Again, sometimes this is exposed via undercover investigations. Solicitors are encouraged to be alert to the possibility of proceeds of crime if their clients are involved in these businesses, and to ask questions to reassure themselves that they are properly licensed and compliant with the relevant legislation, including the Animal Welfare Act 2006.

Companion animals

Despite increasing regulation, puppy farming remains a lucrative business. For example, in February 2020, a mother and daughter were ordered to repay over £600,000 following a successful prosecution for the sale of at least 193 litters of puppies without a licence. Another area of concern is the illegal trade in wildlife and exotic pets where, again, any profit from unlicensed sales may constitute proceeds of crime. Solicitors should reassure themselves by asking questions and looking up the business online. Things to look out for include whether the client is licensed and, if not, whether they seem to be selling an excessive number of animals.

Wildlife persecution

There are many examples of wildlife persecution, from illegal hunting and badger baiting to unlawful destruction of habitats. Individuals and organisations benefit from such activities through gambling, charging participants or cutting costs on building works. For example, building developer Bellway Homes was recently fined £600,000 for demolishing a breeding and resting place for bats. Similarly, even though it is illegal, there is evidence which suggests that fox hunting still takes place behind the smokescreen of trail hunting. Hunts often have membership schemes and undertake other commercial activities, which means illegal hunting could be lucrative. Solicitors should be mindful of these potential offences when taking instructions, and considering whether, for example, the property developer client has undertaken the requisite ecological surveys. Where they believe a client may be profiting from crime, solicitors should be making relevant disclosures.

There are many forms of animal crime which have not been covered in detail here. Every case will be different, and while it may seem impractical to conduct enhanced due diligence into every client operating in an animal industry, solicitors must remember that they have legal and professional duties in relation to money laundering and are required to make the necessary disclosures.  Many clients will be operating within the law; however, just as alert levels may be heightened in other scenarios, animal industries are a risk area that solicitors must be aware of.

 

Advocates for Animals is a law firm dedicated to animal protection law

 

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