header-logo header-logo

12 May 2017 / Jasvinder Nakhwal , Nicholas Querée
Issue: 7745 / Categories: Features , Company
printer mail-detail

Cashing in

nlj_7745_nakhwal

The High Court has rejected a novel use of POCA 2002’s cash seizure powers, report Jasvinder Nakhwal & Nicholas Querée

  • Bunnvale tested the lawfulness of a strategy deployed by COLP to seize in excess of $21m from a number of offshore firms beneficially owned by Russian companies and nationals.
  • COLP decided not to seek a criminal restraint order under Pt 2 of POCA 2002, but sought instead to seize the funds as ‘cash’ pursuant to the summary seizure and detention powers provided by Pt 5, Chapter 3 of POCA 2002.
  • The court held that it was not Parliament’s intention when creating POCA 2002’s summary cash detention powers that they would be used to seize cash brought into existence at the instigation of COLP.

Ensuring that the UK economy is not used to launder the proceeds of international organised crime is a key priority of national policymakers and law enforcement. It is right that the police and other investigative agencies are equipped with the powers they need to maintain the integrity of UK markets,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll