High Court Ruling May Impede Unexplained Wealth Order Use

By David Rundle and Josef Rybacki (May 4, 2020, 5:11 PM EDT) -- On April 8, with the High Court's order in National Crime Agency v. Baker, the National Crime Agency suffered its first setback in using unexplained wealth orders, or UWOs.

The respondents in the case successfully applied to discharge UWOs relating to three properties in London, all held by offshore trusts. The UWO regime requires the respondents of an order to clarify their interest in specified property and to explain how they obtained that interest.

In the present case, the respondents provided substantial information in response to the orders, but the National Crime Agency, or NCA, rejected the explanations provided. Accordingly, the...

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