Monday, March 23, 2015

Kona lent account to launder – Aftenposten

The 46 years old woman has been sentenced to six months in jail.

– She has acted with gross negligence, believes Court of Appeal.

The High Court has thus come to a different conclusion than the district court, which meant that the woman, who is originally from Vietnam, had not qualified to understand what she was involved in – among other because of lack of knowledge of Norwegian language and society. In the Court of Appeal did, however, prosecutors across that her knowledge was sufficient that she should have known what she was on.

– The verdict shows that those who lend their accounts to their nearest – without checking what they used time – runs a risk of being punished, says chief public prosecutor Anna Haugmoen Mo Økokrim

Fictitious invoices

There is a comprehensive issue that is the reason for ruling against mother of three. Last summer, her 44 years old husband and a companion of him sentenced to three years in prison each for economic crime. They wrote fictitious invoices from the the company to the other company, in an attempt to evade both tax and VAT.



Five million through his wife’s account

A significant portion of the cash flow – total over 20 million – was, according to the Court of Appeal channeled through acquaintances and relatives of the two men. Something was used to black payment to employees of the transport company as the one judged drives, some of the money was transferred to Vietnam. The spouse was one of several relatives who asked their account at their disposal – in addition to being involved in cashing bank drafts that were bought proceeds from her husband’s actions. Altogether it was transferred over five million to her account.



Negligent money laundering

Prosecutors have argued that she did it intentionally, and that she was fully aware of what she did. In court she explained that her husband possessed account without her consent, and that she knew nothing about her husband’s business activities. She just did what her husband said, she claimed.

The court concluded that there has not been sufficient evidence that she did it intentionally, but the appellate court thinks it is difficult to understand that she must have been so unknown with man’s activities as she has explained in court. It appears partly to her education and that she consisted a Norwegian test for immigrants in 2004.

– The defendant should have examined what kind of amount that went through her account. She should also have understood that man’s activities were not legal, believes the court.



Disagree verdict

Her lawyer, Lars Barth, litigated in court that she did not understand what she was on. He is therefore disagree judgment. He also disagrees that she imposed imprisonment. Defense attorney requested that she was imposed community service if she was convicted.

– girlfriend to the other main man in the case was sentenced to community service in the district court. I see no reason to distinguish the two, says Barth.

He points out that the verdict is not yet legally enforceable and that so far not taken any decision on sentencing will be appealed.



– An important signal

Økokrim believes the verdict sends out an important signal.

– Should we come laundering to life, it is important that we take those who are willing to lend their name to the perpetrator. Whitewash Erne will often be people standing in a fiduciary relationship with the perpetrator – such as family members. It is important that these family members ask questions – when they choose to lend its name underlines Public Prosecutor Anna Haugmoen Mo Økokrim

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Published: 23 March. 2015 4:55 p.m.

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