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10 January 2025
Issue: 8099 / Categories: Legal News , Crypto , Criminal , Fraud , Technology
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NLJ this week: Recovery of stolen cryptoassets possible thanks to recent law

202615
Could law enforcement agencies tasked with recovering stolen cryptoassets have a silver bullet in their arsenal? In this week’s NLJ, Ashley Fairbrother, partner, and Joe Nahal-Macdonald, senior associate, at Edmonds Marshall McMahon, and Sarah Wood, barrister at 5 St Andrews Hill, examine the new powers provided by Part 5 of the Proceeds of Crime Act 2002, courtesy of legislation implemented in 2024.

Part 5 now provides for ‘the seizure, detention, freezing and forfeiture of cryptoassets and related items’, and these powers are exercisable by the magistrates’ court. This could be highly useful, given British Virgin Islands-based company Tether’s ‘ability to destroy tokens (burning) and issue new ones (minting) to manage supply or adjust token balances across different blockchains’.

Fairbrother, Nahal-Macdonald and Wood write: ‘The choice by law enforcement must be purposive constructive of legislation, to use their most powerful weapon—POCA 2002—to tackle fraudsters and help their victims, which US law enforcement has shown no hesitation in doing.’ 

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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