No longer unexplained—unexplained wealth orders. Tom Forster QC provides an analysis of recent setbacks for the National Crime Agency
- National Crime Agency v Baker and others: judgment relating to the discharge of unexplained wealth orders appealed.
- Media attention: extraordinary allegations of unexplained wealth.
- Procedure: a presumptive starting point and useful guidance.
- The future: major weaknesses in UK’s defences against suspect funds should be addressed urgently.
On 8 April two prominent Kazakhstan nationals successfully persuaded the High Court to discharge three unexplained wealth orders (UWOs) (National Crime Agency v Baker and others [2020] EWHC 822 (Admin), [2020] All ER (D) 59 (Apr)).
The UWOs related to three London homes owned for the benefit of Nurali Aliyev and his Kazakh politician mother, Dariga Nazarbayeva. One property attracted particular media attention as it is located on The Bishops Avenue in Hampstead, London, so called ‘Billionaires Row’.
The National Crime Agency’s (NCA) case was that it suspected the properties were bought with funds embezzled by Mr Aliyev’s now dead father, Rakhat Aliyev, the self-styled ‘Godfather in Law’.
The respondents
