New frontiers: Unexplained wealth, extraterritoriality and rights

Speed read: The new Unexplained Wealth Order framework is set to come into force. Anita Clifford focuses on the conditions for obtaining one, and analyses the potential for extraterritorial reach and issues surrounding the reverse onus. Section 362A of the Proceeds of Crime Act 2002 (“POCA”) will, once in...
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Money Laundering Regulations 2017 (UK): A Comparison of the Draft and the Enactment

Speed Read:   The Money Laundering Regulations 2017 (UK) entered into force on 26 June 2017, having been laid before Parliament and approved on 22 June. As regulated persons now move swiftly to ensure compliance, the immediate question is: how different is the draft Regulations, published in April, from...
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Failure to Prevent: Corporate Liability at the Cost of Individual Due Process?

Speed Read: This piece explores whether the failure to prevent model at the heart of the new offence of corporate failure to prevent facilitation of tax evasion contains a due process deficit. Introduction The new corporate offence of failure to prevent the facilitation of tax evasion reflects a wider...
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Reach, Risk and Record Sharing: Money Laundering Regulations 2017

Speed Read: Public consultation on the proposed new draft Money Laundering Regulations 2017 (“MLR 2017”) closed on 12 April 2017.  The government must now move swiftly with any amendments if it is to achieve compliance with the deadline of 26 June 2017 for the transposition of the EU Fourth...
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The Investigative Reach of Unexplained Wealth Orders: Exploring Derivative Use

Speed read: Unexplained Wealth Orders (“UWOs”) have the potential to play a large role in an investigation, without any qualifications on the use of the explanation beyond the self-incrimination privilege. Anita Clifford explores the potential for derivative use of the explanation provided in compliance with a UWO and prompts...
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