Section 69Part 2 — The Financial Reporting Authority
Conduct and benefit
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Criminal conduct is conduct which —
constitutes an offence in the Islands; or
would constitute such an offence if it occurred in the Islands.
General criminal conduct of the defendant is a ll of that person’s criminal conduct, and it is immaterial —
whether conduct occurred before or after the commencement of this Act ; and
whether property constituting a benefit from conduct was obtained before or after the passing of this Act .
Particular criminal conduct of the defendant is all of that person’s criminal conduct which falls within the following paragraphs —
conduct which constitutes the offence or offences concerned;
conduct which constitutes offences of which that person was convicted in the same proceedings as those in which that person was convicted of the offence or offences concerned; or
conduct which constitutes offences which the court will be taking into consideration in deciding that person’s sentence for the offence or offences concerned.
A person benefits from conduct if that person obtains property as a result of or in connection with the conduct.
Where a person obtains a pecuniary advantage as a result of or in connection with conduct, that person is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.
References to property or a pecuniary advantage obtained in connection with conduct include references to property o r a pecuniary advantage obtained both in that connection and some other connection.
Where a person benefits from conduct that person’s benefit is the value of the property obtained.