Assets acquired through receiving proceeds from crime can be subject to self-laundering

The defendant was convicted in the Court of Appeal of involvement with around 165 kilograms of amphetamine, as part of an organised criminal group. He was also convicted of multiple counts of receiving of proceeds from crime (heleri), and of laundering these assets through "self-laundering".

The question before the Supreme Court was whether assets acquired through receiving proceeds from crime can be considered to originate from the crime and then be self-laundered. In section 337 subsection 1 (b) of the Penal Code, the subject of self-laundering is described as "the proceeds of a criminal act he has personally committed". 

The Supreme Court concluded that receiving proceeds from crime may generate assets for the recipient that can be subject to self-laundering. These assets do not need to originate from the act of receiving of proceeds from crime but may originate from a preceding primary offence. The defendant's appeal was therefore dismissed.

The judgment is significant for the interpretation of the conditions for a self-laundering conviction.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Criminal law, sections 332 and 337 of the Penal Code. 

Key paragraphs: 18, 25 og 26

Justices: Matheson, Høgetveit Berg, Thyness, Hellerslia, Lund