What prerequisite must be met for a money laundering offence?

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A Prerequisite for Money Laundering Offence is the Existence of Proceeds from Unlawful Activity or Instrumentalities of an Offence

A money laundering offence fundamentally requires the presence of proceeds derived from an unlawful activity or instrumentalities used in committing an offence. This core prerequisite underpins all actions defined as constituting money laundering under Malaysia's Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA). Without these specified proceeds or instrumentalities, the subsequent actions, no matter how varied, do not amount to a money laundering offence.
Definition of Unlawful Activity as a Serious Offence

An "unlawful activity" is defined within the AMLATFPUAA as any serious offence committed either within or outside Malaysia. This encompasses not only the direct commission of these serious offences but also any attempt to commit them or any act of abetment related to them. The seriousness of an offence is determined by its inclusion in the Second Schedule of the AMLATFPUAA, which lists a range of criminal acts that serve as the foundation for money laundering charges.
Actions Constituting Money Laundering

Section 4(1) of the AMLATFPUAA enumerates several actions that, when involving proceeds of an unlawful activity or instrumentalities of an offence, constitute a money laundering offence. These actions include engaging in transactions with such proceeds, acquiring, receiving, possessing, disguising, transferring, converting, exchanging, carrying, disposing of, or using them. Furthermore, removing or bringing these proceeds into Malaysia, or concealing, disguising, or impeding the establishment of their true nature, origin, location, movement, disposition, title, rights, or ownership, are also defined as money laundering offences.
Proving a Money Laundering Offence Under Section 4(1)(b)

To establish a money laundering offence specifically under Section 4(1)(b) of the AMLATFPUAA, three distinct elements must be proven. Firstly, it must be demonstrated that the accused received monies. Secondly, these monies must be proven to be the proceeds of an unlawful activity or instrumentalities of an offence, fulfilling the common prerequisite. Thirdly, the mental element, or the accused's knowledge of the source of these proceeds, must be established. This knowledge, as stipulated in Section 4(2), can be inferred from objective factual circumstances surrounding the transaction.

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What prerequisite must be met for a money laundering offence?

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