Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds – Local Government Lawyer

‘The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

Full Story

5SAH, 30th July 2020

Source: www.5sah.co.uk

5SAH Business Crime – July 2020 Update – 5SAH

‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’

Full Story

5SAH, 6th July 2020

Source: www.5sah.co.uk

Criminals’ ‘go-to’ solicitor struck off while in jail – Legal Futures

‘A solicitor who was the ‘go to’ lawyer for a gang of criminals because he would not ask too many questions about where their money came has been struck off while serving seven years in jail.’

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Legal Futures, 7th July 2020

Source: www.legalfutures.co.uk

Case Preview: R v Hilton (Northern Ireland) – UKSC Blog

Posted June 30th, 2020 in confiscation, news, Northern Ireland, proceeds of crime, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’

Full Story

UKSC Blog, 30th June 2020

Source: ukscblog.com

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

Full Story

Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Bedlington man who enslaved homeless men must pay £275k – BBC News

Posted June 2nd, 2020 in forced labour, homelessness, news, proceeds of crime by sally

‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’

Full Story

BBC News, 1st June 2020

Source: www.bbc.co.uk

National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group

‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’

Full Story

The 36 Group, 4th May 2020

Source: 36group.co.uk

Section 22 applications in light of the current crisis and the subsequent economic downturn – Drystone Chambers

Posted May 7th, 2020 in chambers articles, coronavirus, news, proceeds of crime by sally

‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’

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Drystone Chambers, 28th April 2020

Source: drystone.com

A ‘setback’ for unexplained wealth orders – Law Society’s Gazette

Posted April 27th, 2020 in corruption, news, proceeds of crime, unexplained wealth orders by sally

‘On 8 April, two prominent Kazakhstan citizens successfully persuaded the High Court to discharge three unexplained wealth orders (National Crime Agency v Baker and ors [2020] EWHC 822 (Admin)).’

Full Story

Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Unexplained Wealth Orders Discharged – 23 Essex Street

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, whistleblowers by sally

‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’

Full Story

23 Essex Street, 8th April 2020

Source: www.23es.com

Unexplained Wealth Orders by Samreen Akhtar – Broadway House Chambers

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, unexplained wealth orders by sally

‘On 08 April 2020, Nurali Aliyev and his mother, Dariga Nazarbayeva, won a High Court challenge against Unexplained Wealth Orders (“UWOs”) that were obtained by the National Crime Agency (“NCA”). The UWOs centred on three properties based in London and valued in excess of £80m. Dr Nazarbayeva is a politician in Kazakhstan and the daughter of the former Kazakh president Nursultan Nazarbayev. The NCA, who suspected that the properties had been purchased using money embezzled by Mr Aliyev’s deceased father, have indicated that they will be appealing the High Court decision.’

Full Story

Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

McMafia Order Misses the Mark – The Limitations of Unexplained Wealth Orders – 5SAH

‘Unexplained Wealth Orders (“UWOs”) have frequently been in the headlines since they came into force on 31 January 2018. They have been described in the media as, “McMafia Orders” and advertised as a new weapon in the war on illicit assets, creating an impression that they would single-handedly tackle the reputation of the United Kingdom as a haven for dirty money. The reality, as most lawyers recognise, is that UWOs are simply a type of disclosure order which have, as Lang J was keen to stress in her judgment in the case of NCA v Baker [2020] EWCA 822 (Admin) at para. 61 a, “relatively limited purpose”. They can “fill in the gap” when investigators cannot rely on full co-operation from other jurisdictions (e.g. the former Soviet states and the Caribbean tax havens).’

Full Story

5SAH, 10th April 2020

Source: www.5sah.co.uk

UK crime agency loses case against ex-Kazakh president’s family – The Guardian

‘Britain’s National Crime Agency has lost a high court attempt to force the daughter and grandson of a former president of Kazakhstan to explain where they got the money to buy £80m of property in London.’

Full Story

The Guardian, 8th April 2020

Source: www.theguardian.com

Tommy Adams ordered to repay £1.24m for dirty cash laundering operation – Crown Prosecution Service

Posted February 28th, 2020 in assets recovery, money laundering, news, proceeds of crime by tracey

‘Thomas “Tommy” Adams has been ordered to repay £1,243,270.75 for his part in a dirty cash laundering network. Adams ran a money laundering operation with his associates, which was foiled in 2014 when undercover police heard him discussing the illicit activity at a central London café.’

Full Story

Crown Prosecution Service, 27th February 2020

Source: www.cps.gov.uk

The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH

‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’

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5 SAH, 25th February 2020

Source: www.5sah.co.uk

Jailed banker’s wife at centre of first McMafia order loses appeal to have case dismissed – The Independent

Posted February 7th, 2020 in appeals, banking, fraud, married persons, news, proceeds of crime by tracey

‘The wife of a jailed “fat cat banker” who splurged millions at Harrods has lost her appeal over the UK’s first so-called McMafia wealth order.’

Full Story

The Independent, 6th February 2020

Source: www.independent.co.uk

Jailed solicitor must repay £3m or face more prison time – Legal Futures

‘A jailed solicitor involved in the UK’s biggest ever tax fraud must repay £3m of his ill-gotten gains or face a further nine years in prison, a judge at the Old Bailey has ruled.’

Full Story

Legal Futures, 18th December 2019

Source: www.legalfutures.co.uk