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10 January 2025
Issue: 8099 / Categories: Legal News , Crypto , Criminal , Fraud , Technology
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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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