Why Magufuli administration misses the point on Government splurge

[Rutashubanyuma]

unless we limit the definition of money laundering all money from illegal activities will constitute money laundering

 

[Rutashubanyuma]

where the victims are non participants that should not be part of money laundering

 

[Rutashubanyuma]

the money laundering act, 2006, in the definition of predicate offences and section 12 of the act can be summarized as a couple of conditions

 

[Rutashubanyuma]

the proceeds must be illegal as defined in the definition of predicate offenses

 

[Rutashubanyuma]

that definition almost covers everything

 

[Rutashubanyuma]

but in the section 12 of the act there are conditions to be fulfilled

 

[Rutashubanyuma]

five conditions which all are dependent on suspect(s) being aware of the proceeds being illegal

 

[Rutashubanyuma]

second in direct or indirect abets those illegal transactions

 

[Rutashubanyuma]

third which in some of money laundering cases clogging our courts fail the litmus test is intentional concealment to hide the sources or origin of those transactions in order to evade the legal consequences

 

[Rutashubanyuma]

the fourth he is a beneficiary of those illegal transactions

 

[Rutashubanyuma]

and the fifth he is a participant

 

[Rutashubanyuma]

concealment of the sources of transaction is where most of these money laundering cases fall apart

 

[Rutashubanyuma]

the accused have made no effort to conceal the sources of their ill-gotten proceeds

 

[Rutashubanyuma]

so they are just common criminal suspects to be charged under penal code and not money laundering offenses

 

[Rutashubanyuma]

money laundering gimmicks are aimed to deny the accused bail but could also be maneuvers to free the suspects over a plea of no case to answer

 

[Rutashubanyuma]

am glad I did not mention the cases I have in mind

 

[Rutashubanyuma]

for instance an international conman is no money launderer but a common thief

 

[Rutashubanyuma]

if he makes no attempt to conceal sources of his swag

 

[Rutashubanyuma]

back to Godbless legal persecutions

 

[Rutashubanyuma]

the man claims he had a divine vision