News & Analysis as of

Criminal Proceeds

Ankura

Proceeds of Crime and the Cautionary Tale of Convicted Fraudster Achilleas Kallakis

Ankura on

Recent SFO Confiscations Linked To Decade-Old Crime - On 24 November, the Serious Fraud Office (SFO) successfully confiscated £250,000 from Achilleas Kallakis, which was held as a debenture by The Queen’s Club, home of the...more

WilmerHale

Law Commission POCA Reform - Is the Game Worth the Candle?

WilmerHale on

Recovering criminal assets is difficult. A good recent example of this difficulty came in October this year, when the Treasury estimated that it could recover just £1.2 billion of the £4.5 billion lost to Covid fraud. ...more

Cadwalader, Wickersham & Taft LLP

UK Crime Agency Secures Novel Court Ruling for Over £50 Million in Crime-Linked Funds

On 25 November, the High Court of England and Wales ruled in a significant decision that suspected proceeds of crime linked to unnamed individuals must be transferred to the National Crime Agency (NCA). The funds were held by...more

BakerHostetler

DOJ Seizes Over $3 Billion in Historic Crypto Dark Web Fraud Case

BakerHostetler on

On November 7, 2022, the U.S. Department of Justice (DOJ) announced that it had seized more than $3.36 billion worth of bitcoin as part of a continuing investigation into a 10-year fraud involving the Silk Road dark web...more

Goodwin

UK Limited Partnership Legislative Reform Package Introduced in the Economic Crime and Corporate Transparency Bill

Goodwin on

​​​​​​​The Economic Crime and Corporate Transparency Bill (the Bill) includes a package of proposed legislative amendments to U.K. limited partnership (UKLP) law, substantially to tighten registration requirements and improve...more

Morrison & Foerster LLP

German Registered IP: New Taxation Of Transactions Between Non-German Parties

In a decree published November 6, 2020, the German tax authorities confirmed their view that transactions between non-German parties (e.g., between two U.S. companies) are generally taxable in Germany, if this income is...more

Vinson & Elkins LLP

Docket Check: An Overview Of Key Criminal Cases The U.S. Supreme Court Will Hear This Term

Vinson & Elkins LLP on

The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases. Amidst the current national conversation about policing, the Justices will consider the...more

Dechert LLP

Claims Based on Avoidable Transfer Cannot be “Washed Clean” in the Secondary Market

Dechert LLP on

Disagreeing with the much-critiqued SDNY opinion in Enron, the SDNY bankruptcy court disallowed claims brought by secondary transferees because the original claimants allegedly received millions of dollars in fraudulent...more

WilmerHale

House Passes Historic SAFE Banking Act

WilmerHale on

The US House of Representatives recently passed the Secure and Fair Enforcement (SAFE) Banking Act, H.R. 1595 (the Act), which, if it becomes law, would have far-reaching implications for financial institutions considering...more

Seyfarth Shaw LLP

Will Banks be Able to Play it SAFE with Marijuana Related Businesses?

Seyfarth Shaw LLP on

Marijuana is estimated to be a $10 billion industry and rapidly growing. Almost all of it is conducted in cash. Although legal in thirty three states plus Washington, D.C., Puerto Rico and Guam, marijuana remains illegal at...more

White & Case LLP

Cross-Border Cannabis Investment: Managing Money Laundering Risk

White & Case LLP on

Canada legalised recreational cannabis in October 2018 and it may be that other countries follow suit. UK and US investors, and those who facilitate investments in legal recreational cannabis businesses overseas, need to be...more

International Lawyers Network

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

Patterson Belknap Webb & Tyler LLP

Court Allows Wife of Criminal Defendant to Amend Challenge to Forfeiture of Allegedly Commingled Assets on Due Process Grounds

In United States v. Daugerdas, the Court (Walker, Lynch, Chin) offered a lifeline to the wife of a defendant convicted of tax fraud, who sought to assert a third-party interest in funds that the Second Circuit had previously...more

Latham & Watkins LLP

UK To Provide Compensation for Overseas Victims of Economic Crimes

Latham & Watkins LLP on

A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation. The UK’s Serious Fraud Office (SFO), the Crown...more

WilmerHale

New confiscation recommendations: a price worth paying?

WilmerHale on

On 15 July 2016, the Home Affairs Committee published a report on the Proceeds of Crime. The report identifies a number of systemic problems with the current confiscation order system and makes several recommendations...more

Tucker Arensberg, P.C.

Growing Medical Marijuana, Problematic in Bankruptcy, and Out

Tucker Arensberg, P.C. on

Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These...more

Dechert LLP

Update on the UK Confiscation and Restraint Regime

Dechert LLP on

The National Audit Office has published a report dated 17 December 2013 (the “NAO Report”) on confiscation orders, which are the main mechanism that the UK Government uses in carrying out its policy to deprive criminals of...more

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