Compliance
Compliance Corner: UK National Crime Agency, Unexplained Wealth Order
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The latest compliance news: regulatory developments, punishments, guidance, permissions and new product and service offerings.
UK National Crime Agency
The controversial new Unexplained Wealth Order power was used to
take control of a London mansion of a descendant of a former
Kazakhstan politician, the latest use of such powers, according
to the BBC.
Records show that the property was owned and occupied by Nurali
Aliyev, grandson of Kazakhstan's former so-called president for
life, the news service said. The property cannot be identified
for legal reasons. The outcome for two other properties linked to
Aliyev’s family will be decided in a court case that started this
week. During the hearing, lawyers for the companies that own the
properties will seek to have a National Crime Agency
investigation halted.
Law enforcement agents can use UWOs to require owners to disclose
how they managed to buy a luxury home. If they do not agree with
the explanation, they can then ask the courts to confiscate it.
Such a power raises questions about due process of law: a
property could be seized even if the purported owner hasn’t been
proven to have committed a crime. This
publication has commented about these orders.
“There is still a lot of confusion around what UWOs are, who they
can be targeted at and who is able to apply for one. Similarly,
if you’re on the receiving end of one, it can be difficult to
know exactly what that means,” Lee Adams, managing partner of the
London office at JMW Solicitors, said today.
The BBC said that the frozen property is one of three
worth more than £80 million in total which have been subject
to UWOs since May 2019.
The report said that the High Court ordered the property to be
frozen to prevent it being sold by the two companies that own it:
Manrick Private Foundation, incorporated in Curacao, and Alderton
Investments Ltd, incorporated in Anguilla. Those companies have
owned the mansion since 2014.