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ARTICLE · 08 OCTOBER 2020

What Is The Future For The UK's Unexplained Wealth Orders?

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BCL partners Michael Drury and John Binns‘ Joint article titled ‘What is the future for the UK's Unexplained Wealth Orders?' has been published by FinCrime Report.

United KingdomCriminal Law

BCL partners Michael Drury and John Binns' Joint article titled 'What is the future for the UK's Unexplained Wealth Orders?' has been published by FinCrime Report.

Here's an extract from the article:

The UK's National Crime Agency (NCA) has suffered a serious reversal in the High Court declining to issue Unexplained Wealth Orders (UWOs) and criticising the NCA's approach in the case of NCA v Baker. The case illustrates the complex issues involved in working with the Proceeds of Crime Act 2002 (POCA) and may prove a decisive moment in the NCA's strategy to pursue assets it regards as 'suspicious'.

UWOs' role and context

By way of background, a UWO is not an end in itself. Its purpose is to support the scheme of civil recovery under POCA, by which assets can be frozen and forfeited if the High Court finds, on the balance of probabilities, that they represent the proceeds of 'unlawful conduct'. This contrasts with the money laundering provisions of POCA, by

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