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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll