Private legal practitioner, Martin Kpebu has challenged the traditional notion that a predicate offense must be established in money laundering cases before pressing charges.
Kpebu argues that failure to disclose the source of income alone is sufficient grounds for a money laundering charge.
A predicate offense, typically the initial illegal activity in a chain of criminal actions, is considered fundamental in establishing money laundering.
For instance, tax evasion can serve as a predicate offense, leading to the laundering of illicit proceeds generated from such activities.
Kpebu’s comments come in response to the Office of the Attorney-General advising the Economic and Organised Crime Office (EOCO) against pursuing money laundering investigations regarding former Sanitation Minister Cecilia Dapaah‘s transactions.
The Attorney-General’s office, in a letter dated April 25, 2024, highlighted that the Office of the Special Prosecutor (OSP) had not submitted a collaborative investigation report to EOCO.
Moreover, the OSP had not responded to requests for findings, presenting only limited documentation to EOCO.
Disputing the Attorney General’s advisory, Kpebu stated on TV3’s Key Points show, “The advisory is totally wrong … hogwash. It is clearly a mistake and must be withdrawn. Failure to disclose the money itself can be used as money laundering; they can use it as a basis to charge for money laundering.”
Kpebu emphasized Ghana’s departure from the notion of requiring a predicate offense for money laundering charges, marking a shift in legal perspective on such matters.