BCL partners Michael Drury and John Binns write for Money Laundering
Bulletin discussing the recent case of NCA v Baker, the first
negative result for the authorities in the still-nascent regime of
Unexplained Wealth Orders, and what this means for future
cases.
Here's an extract from the article:
The UK's National Crime Agency (NCA) has suffered a
serious defeat in its use of Unexplained Wealth Orders (UWOs), in
the case of NCA v Baker, in which it was recently refused
permission to appeal, and reportedly suffered a very painful heavy
costs award against it, given that these are civil proceedings, in
which 'costs follow the event'. 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'.
