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Unexplained Wealth Orders discharged - "tenacious" NCA to appeal
Ed Smyth
Ed Smyth, Senior Associate, in our Criminal Litigation team has been quoted on the ICAEW website regarding the 'McMafia Law' and if it's currently fit for purpose in combating organised crime.
Some of the comments Ed made include:
Account freezing orders (AFO'S) are relatively widely used but largely for low-hanging fruit – and that’s a criticism because they’re not necessarily being used as the legislation might
have intended.”
The main issue with Unexplained Wealth Orders (UWO's) is how infrequently they have been used. The authorities don’t seem to have had much of an appetite for them, working out why isn’t straightforward.”
If High Court legislation for UWOs is complicated and expensive, then the contrary is true for AFOs. Where UWOs have been used, it has tended to be in cases where the amount of money is much larger,”
Further Information
For further information on the issues raised in this news post, please contact a member of our criminal team.
About the author
Ed Smyth is a Senior Associate in the Criminal Litigation Department and represents individuals and corporates involved across the full spectrum of criminal and quasi-criminal matters. He has considerable experience of confiscation and asset forfeiture proceedings and of challenging the exercise of search and seizure powers. He has acted in cases involving the SFO, the Information Commissioner, the Electoral Commission and various professional disciplinary bodies.
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