header-logo header-logo

10 January 2025
Issue: 8099 / Categories: Legal News , Crypto , Criminal , Fraud , Technology
printer mail-detail

NLJ this week: Recovery of stolen cryptoassets possible thanks to recent law

202615
Could law enforcement agencies tasked with recovering stolen cryptoassets have a silver bullet in their arsenal? In this week’s NLJ, Ashley Fairbrother, partner, and Joe Nahal-Macdonald, senior associate, at Edmonds Marshall McMahon, and Sarah Wood, barrister at 5 St Andrews Hill, examine the new powers provided by Part 5 of the Proceeds of Crime Act 2002, courtesy of legislation implemented in 2024.

Part 5 now provides for ‘the seizure, detention, freezing and forfeiture of cryptoassets and related items’, and these powers are exercisable by the magistrates’ court. This could be highly useful, given British Virgin Islands-based company Tether’s ‘ability to destroy tokens (burning) and issue new ones (minting) to manage supply or adjust token balances across different blockchains’.

Fairbrother, Nahal-Macdonald and Wood write: ‘The choice by law enforcement must be purposive constructive of legislation, to use their most powerful weapon—POCA 2002—to tackle fraudsters and help their victims, which US law enforcement has shown no hesitation in doing.’ 

MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll