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24 May 2024 / Nick Barnard
Issue: 8072 / Categories: Features , Profession , Crypto , Cyber , Cybercrime , Technology
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Crime fighters put cryptoassets in their sights

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Criminals love them, but now enforcement agencies have the statutory tools to fight back, writes Nick Barnard
  • On 26 April 2024, amendments to the Proceeds of Crime Act 2002 came into force, giving law enforcement new tools to freeze, seize or even destroy cryptoassets.
  • Explains crypto-wallet freezing orders and crypto-wallet forfeiture orders.
  • The new orders are based on the Account Freezing Order regime.

Since their ascent to mainstream attention over the past decade, cryptoassets have proved a vexed challenge for law enforcement agencies (LEAs), particularly those charged with disrupting money-laundering and recovering the proceeds of crime.

Unlike cash (which exists only in physical form) or funds in bank accounts (which are controlled by a regulated third party with established law as to ownership and location), cryptoassets represent a new form of liquid digital value, which can be held and transferred in entirely new ways.

As a starting point, the infrastructure of cryptoassets generally makes no provision for recording or enforcing the ‘owner’ of

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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