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Money Laundering Proceeds of Crime Act 2002 (POCA)

DLA Piper

World Uyghur Congress Case Ruling: A New Challenge for Supply Chains?

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In a landmark ruling, the Court of Appeal in a case brought by the World Uyghur Congress (WUC) has clarified that the provision of “adequate consideration” at some point in the supply chain does not prevent goods imported...more

Hogan Lovells

Litigation activism confirms the risks of money laundering liability in supply chains

Hogan Lovells on

On 27 June 2024, the Court of Appeal handed down judgment in World Uyghur Congress v National Crime Agency [2024] EWCA Civ 715. The challenge of a 2023 decision by the High Court was brought by World Uyghur Congress ("WUC")...more

Hogan Lovells

No DAML, no trouble: Two new “pay away” exemptions under the UK Proceeds of Crime Act 2002

Hogan Lovells on

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduces two new "pay away" exemptions to the principal money laundering offences in sections 327, 328 and 329 of the Proceeds of Crime Act 2002 (POCA)....more

Hogan Lovells

The UK FCA’s cryptoasset financial promotions regime and the interplay with the UK AML regime

Hogan Lovells on

The UK Financial Conduct Authority (FCA) has reminded firms supporting and facilitating unregistered cryptoasset firms of their obligations under the Proceeds of Crime Act 2002 (POCA), specifically highlighting how they may...more

Dechert LLP

Update on UK Cryptoasset Marketing Rules: What Do Firms Need to Do by 8 October?

Dechert LLP on

From 8 October, firms wishing to make a “financial promotion” relating to a “qualifying cryptoasset” can only do so legally if: The financial promotion is communicated by an FCA- or PRA-authorised person....more

A&O Shearman

Supply chains and UK money laundering considerations

A&O Shearman on

A recent English court ruling has shed light on the approach of UK enforcement authorities to the question of money laundering risks where there is potential forced labour / modern slavery in a supply chain. The ruling will...more

Jenner & Block

Client Alert: World Uyghur Congress v Secretary of State for the Home Department: Can Forced Labour Goods Cause UK Money...

Jenner & Block on

On 20 January 2023, the High Court in London issued a historic judgment in relation to the World Uyghur Congress’ (WUC) challenge to the UK government’s failure to investigate the importation of cotton produced in China’s...more

King & Spalding

Anti-Money Laundering Implications for the Art Market in the UK

King & Spalding on

Introduction - The art market is characterised by high-value, portable items that can be bought and exchanged quickly and often confidentially. These features, which make the market inherently vulnerable to many types of...more

A&O Shearman

Disclosure of Suspicious Activity Reports (SARs) in civil litigation

A&O Shearman on

The UK Government issued new guidance in July 2021 on how it considers companies and individuals should approach the question of disclosure of suspicious activity reports (SARs) in English civil litigation. The guidance...more

BCLP

The CPS cracks down on Money Laundering; but to what effect?

BCLP on

On 2 June 2021, the Crown Prosecution Service (the “CPS”) updated its Money Laundering Offences guidance on prosecuting ‘failure to disclose’ offences under section 330 of the Proceeds of Crime Act 2002. Such a failure exists...more

A&O Shearman

Economic crime UK legislative reforms: impact for businesses

A&O Shearman on

Economic crime reform is firmly on the UK government’s agenda. What can we expect to see in the short to medium term which may impact businesses? A recent update provides some clues....more

White & Case LLP

Dealing with Account Freezing and Account Forfeiture Orders

White & Case LLP on

In January 2018, UK law enforcement agencies were granted new powers to pursue the forfeiture of assets. Unexplained wealth orders ("UWOs") initially grabbed the media's attention, but the relative ease with which UK law...more

WilmerHale

Avoid Shades of Grey: Anti-Money Laundering Regulation Comes to the Art Market

WilmerHale on

A new law, which came into force on 10 January, has ushered in material changes to the regulation of the art market, extending the application of the UK’s anti-money laundering legislation to the sector. The new law,...more

Faegre Drinker Biddle & Reath LLP

Key Considerations for U.K. Investment in the Legal Cannabis Industry Abroad

U.K. investors in cannabis-related entities, where the activity is legal in its jurisdiction but not legal in the U.K., risk committing money laundering offences under the Proceeds of Crime Act 2002 (POCA). However: -...more

White & Case LLP

SAR Reform: Law Commission publishes report

White & Case LLP on

The Law Commission has published its much anticipated report on reform of the UK's anti-money laundering and terrorism financing regime, and in particular of the system of suspicious activity reports ("SARs"). The proposed...more

WilmerHale

Dual-Track Money Laundering Investigations: One-Way Traffic?

WilmerHale on

Speaking at the Global Investigations Review Live event in London on 4th April, Mark Steward, Director of Enforcement and Market Oversight at the UK Financial Conduct Authority (“FCA”), addressed the audience on three...more

A&O Shearman

Barrister wins right to see his bank’s suspicious activity reports

A&O Shearman on

Lonsdale v National Westminster Bank [2018] EWHC 1843 (QB) (18 July 2018) - A bank was ordered to disclose, to a customer, suspicious activity reports (SARs) that the bank had sent to the National Crime Agency (NCA) at the...more

WilmerHale

The NCA Flexes Its Muscles With Account Freezing Orders

WilmerHale on

On 7 February 2019, the UK National Crime Agency (“NCA”) announced that it had, for the first time, successfully used its powers of account freezing orders (“AFOs”) to forfeit over £400,000 from three UK bank accounts...more

White & Case LLP

SAR Reform: The Case of Causey and its Effect

White & Case LLP on

The UK Government kicked off the New Year with a reminder that tackling economic crime remains top of its agenda. The Home Secretary and Chancellor announced last week that they will chair the new "Economic Crime Strategic...more

Orrick, Herrington & Sutcliffe LLP

Unexplained Wealth Orders High Court Dismisses First Legal Challenge

The English High Court has dismissed an application to discharge an "unexplained wealth order" ("UWO") against the wife of the former chairman of the International Bank of Azerbaijan....more

WilmerHale

Unexplained Wealth Orders: More Bark Than Bite (So Far)

WilmerHale on

The UK National Crime Agency (“NCA”) has successfully resisted a challenge to the issue of its first Unexplained Wealth Orders (“UWOs”). The victory comes shortly after the agency announced its intention to expand the use of...more

McGuireWoods LLP

Unexplained Wealth Orders

McGuireWoods LLP on

Background - For some time there has been a perception that the UK is a safe refuge for corrupt individuals seeking to conceal their unlawfully acquired assets. This has particularly been the case with regard to persons...more

Hogan Lovells

Are you ready for the Criminal Finances Bill 2017?

Hogan Lovells on

In December 2016 we considered the changes proposed by the Criminal Finances Bill (the Bill) in "All change for money laundering regulation? - Impact for the private equity industry." On 27 April 2017, the Criminal Finances...more

Hogan Lovells

All change for UK money laundering regulation? - Impact for the private equity industry

Hogan Lovells on

A number of very significant changes are being made to the UK anti-money laundering regime. Of particular interest to the private equity industry will be the proposed new criminal offence of failure to prevent the...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

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