A critical and comparative analysis of the Criminal Finances Act 2017 (Part 1) and the application of law and enforcement in the United Kingdom, Ireland and Australia in particular in relation to unexplained wealth orders

Baronak-Atkins, Monika

Abstract

The Criminal Finances Act (CFA) 2017 has not only introduced important changes to the anti-money laundering regime, but also introduced Unexplained Wealth Orders (UWO) which represent a significant statutory overhaul. Prior to the CFA 2017, this jurisdiction has not seen any significant and unpredicted developments in this area since POCA 2002. The Act, apart from adding fuel to the civil recovery debate, acted as a political tool when it was rushed thorough the Parliament before the 2017 elections. Subsequent headlines dominated by the news of the first ever UWO case and by the ominous issues raised in the episodes of the BBC drama McMafia which the Secretary of State for Defence unorthodoxly said were “very close to the truth”, ( footnote: Editorial, ‘McMafia 'very close to the truth', minister says, as Russian oligarchs warned of corruption crackdown’ The Telegraph (London, 3 February 2018). <https://www.telegraph.c...s-warned-corruption/>; accessed 10 March 2024.) fuelled the calls for a stricter approach to be taken against the so called “oligarch wealth”- one of the issues it seems this Act attempts to address.
In this research, the reader is firstly introduced to the CFA 2017 in general, with subsequent focus on the provisions governing the UWOs. The thesis includes a case study of the first three UWOs in this jurisdiction, NCA v Hajiyeva, NCA v Hussain and NCA v Baker ( footnotes: National Crime Agency v Hajiyeva [2018] EWHC 2534 (Admin)
National Crime Agency v Mansoor Mahmood Hussain & others [2020] EWHC 432 (Admin).
National Crime Agency v Baker & others [2020] EWHC 822 (Admin).)
In addition, this thesis considers the mixed reaction to these novel and untested provisions and assesses their legislative and compliance effectiveness. In addition, following the issues highlighted by the court in Baker, this thesis considered the UWO amendments introduced in the recent Economic Crime (Transparency and Enforcement) Act 2022.
Asset recovery has historically been a much-debated area however it seems that despite initial challenges, society has gradually adapted to it as a necessary tool for combating modern crime. One of the questions discussed in this paper is whether, this legislation extends the asset recovery powers well beyond anything proportionate. In any event, deservingly or not, this new provision attracts much interest. Nevertheless, it is also clear from the legislation and the cases so far, that a UWO is not a “final destination” for enforcement agencies but rather an “investigative tool” to gather evidence to enable asset recovery proceedings albeit intrusive in nature and as such should be used with caution.

Citation

Baronak-Atkins, M. A critical and comparative analysis of the Criminal Finances Act 2017 (Part 1) and the application of law and enforcement in the United Kingdom, Ireland and Australia in particular in relation to unexplained wealth orders. (Thesis). University of the West of England. Retrieved from https://uwe-repository.worktribe.com/output/11055023

• Thesis Type: Thesis
• Deposit Date: Aug 25, 2023
• Publicly Available Date: Apr 30, 2024
• Public URL: https://uwe-repository.worktribe.com/output/11055023
• Award Date: Apr 30, 2024