Section 79Part 2 — The Financial Reporting AuthorityAmended
Property obtained through unlawful conduct
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Amended by LG32/S3
A person obtains property through unlawful conduct whether that person’s own conduct or another ’ s if that person obtains property by or in return for the conduct.
In deciding wh ether any property was obtained through unlawful conduct —
it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the conduct; and
it is not necessary to show tha t the conduct was of a particular kind if it is shown that —
the property was obtained through conduct of a specific kind or kinds, and that conduct of that kind or those kinds is unlawful conduct; or
the circumstances in which the property was handled are such as to give rise to the irresistible inference that it can only be derived from unlawful conduct. Proceedings for recovery orders