11 results
Latest Court of Appeal guidance on Unexplained Wealth Orders
The team at Scarmans consisting of Queen’s Counsel, Barristers and Solicitors regularly represents individuals targeted by the NCA in civil, criminal and tax litigation and so are well-placed to protect their client’s interests. In this analysis, Barry Smith, Associate, explains the latest judgment more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
Cash Forfeiture and the Proceeds of Crime Act 2002
Cash forfeiture is the process whereby money that has been seized by authorised individuals, such as the police or financial investigators, can be forfeited to the state following a hearing in the Magistrates’ Court under Part 5 of the Proceeds of Crime Act 2002. Other agencies which utilise these more...
15 May 2019 13:22
The Equaliser: challenging cash forfeiture under POCAThe MPC v X, City of Westminster Magistrates’ Court Introduction How do you prevent over £110,000 of cash hidden under the floorboards from being forfeited to the police? Criminal property can be forfeited under the Proceeds of Crime Act 2002 if the property sought to be recovered was derived from more...
14 Feb 2019 15:14
The Unexplained Wealth Order's Little Brother - Account Freezing and Forfeiture OrdersAndrew Gilmore and Sophie Adams review the lesser publicised Account Freezing and Forfeiture Orders (‘AFFOs’) While the Unexplained Wealth Order (‘UWO’) has entered English law with much fanfare and publicity, the Criminal Finances Act 2017 also introduced other, less well-known provisions into the more...
8 Feb 2019 09:34
Unexplained Wealth Orders - only for the ultra-wealthy?UWOs – only billionaires at risk? The media attention that UWOs have attracted has provided seemingly endless sensationalist headlines and tales of extravagant spending in the press. The case of Zamira Hajiyeva, the first recipient of such an order, has perhaps given the perception to the public more...
7 Feb 2019 14:58
Unexplained Wealth Orders: The Good, The Bad and the UnexplainedUnexplained Wealth Orders (‘UWOs’) came into force on 31 January 2018 (with some fanfare in legal circles and parts of the media), via the Criminal Finances Act 2017, which substantially amended Part 8 of the Proceeds of Crime Act 2002 (POCA). The aim of the legislation is to provide an anti-money more...
Planning Enforcement Notices: A Council's Route to a Criminal Conviction and Confiscation Order
Local Authorities are increasingly relying on planning enforcement notices not only to prosecute individuals who have undertaken development without planning permission, but to also recover the cash made from such development. It is big business; Councils receive 37.5% of the money recovered by a more...
1 May 2018 10:55
Congratulations to Andrew Bird & James Fletcher for their inclusion in Who's Who legal 2018 edition5SAH would like to congratulate Andrew Bird and James Fletcher for their inclusion in Who's Who legal 2018 edition. Andrew Bird has been ranked in the guide for his work within asset recovery and James Fletcher continues to be ranked for his work within the field of criminal fraud. Andrew Bird is more...
Concurrent civil and criminal proceedings: a new approach?
Professional clients may find themselves facing both civil and criminal proceedings on the same issue and this can create particular difficulties for them. If concurrent civil, criminal and or regulatory proceedings are a possibility, then it is important that the client has a legal team that more...
New Confiscation authority: s.22 POCA 2002 applications post-Waya
The Court of Appeal has ruled in R. v Cole [2018] EWCA Crim 888 that when the Prosecution apply under section 22 Proceeds of Crime Act 2002 for a Defendant's available amount to be reconsidered in respect of a historic confiscation order, it was wrong to not give consideration to the a change in the more...
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