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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

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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