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09 December 2016 / Jonah Anderson , Jonathan Pickworth
Issue: 7726 / Categories: Features , Charities , Commercial
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Show me the money

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Jonathan Pickworth & Jonah Anderson examine the proposed unexplained wealth order regime

 
  • Anti-money laundering law and regulation in the UK increasingly focuses on overseas politically exposed persons (PEPs).
  • The new Criminal Finances Bill proposes to introduce the “unexplained wealth order” (UWO), a civil investigative order.
  • A UWO will enable UK law enforcement to question PEPs regarding their wealth and allow civil recovery proceedings against their assets, even when there is no proof that the wealth in question is the proceeds of criminal activity.

The existing anti-money laundering (AML) law contains a civil recovery regime under the Proceeds of Crime Act 2002 which creates a non-conviction based asset recovery regime. This regime allows law enforcement to recover property which is, or which represents, property obtained through unlawful conduct. However, under the law as it currently stands, a claim for civil recovery cannot be sustained solely on the basis that a defendant had no identifiable lawful income to warrant their lifestyle and purchases, as set out in Director of the Assets Recovery Agency v Green [2005] EWHC 3168 (Admin), [2005] All ER

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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