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Restraint orders, issued by the Crown Court, are legal measures that prohibit specified individuals from handling their assets during a criminal investigation in England or Wales. These orders do not necessitate a criminal charge or conviction and are typically enacted early in investigations. Their primary goal is to safeguard assets against dissipation or concealment in anticipation of a potential criminal conviction.
Smart contracts have been revolutionising the way we execute agreements in the modern world. These are not your typical contracts, but computer programmes that automate the enforcement of agreements, stored securely on a blockchain. They trigger actions, such as transferring funds, when predefined conditions are met, ensuring a seamless, trustworthy, and efficient process.
The Environment Agency has established an Economic Crime Unit (ECU) aimed at curbing money laundering and other financial crimes within the waste management industry. The ECU's mission, in the agency's own words, is "to ensure those working in waste management do the right thing and gangsters are unable to operate in the sector." This initiative comes in response to findings that nearly 20% of all waste in England is managed illegally.
The Economic Crime and Corporate Transparency Act 2023, while less publicised than its name might suggest, is a crucial piece of legislation broadening the scope of corporate criminal liability. Its primary aim is to bolster the UK's capabilities in detecting and sanctioning significant economic crimes, including the estimated £100 billion laundered annually through the UK.
When an appropriate investigating officer, as defined by PoCA 2002, issues a Disclosure Order, they must provide written notice to those believed to hold relevant information. If you receive this notice, compliance is mandatory – you must furnish the requested information, answer specific questions, or produce documents as required.
The HM Revenue & Customs (HMRC) may launch a criminal investigation when there are suspicions of tax evasion or fraud by businesses or individuals. Such investigations are particularly serious and may stem from findings during civil investigations that suggest criminal behaviour.
The Online Safety Act 2023 received royal assent in October 2023 and is already sparking serious debate over the immediate action required by businesses and the wider impact on the sector. “Big Tech” players are already under considerable pressure in Europe following the implementation of the EU’s Digital Services Act in November 2022, meaning that the UK’s new regulatory regime risks deterring online service providers from participating in the UK market.
Third parties often find their assets entangled in confiscation orders. We specialise in representing interested parties, typically family members or business associates, who are inadvertently involved in confiscation proceedings. Under Sections 10A and 18A of the Proceeds of Crime Act (PoCA), courts can consider input from third parties before issuing a confiscation order.
Confiscation proceedings are a critical aspect of the legal process that follows a conviction involving financial gain or attempted financial gain. Governed by the Proceeds of Crime Act (PoCA) 2002, these proceedings aim to address key questions: has the defendant benefited from the crime, what is the value of this benefit, and what sum is recoverable from the defendant?
Account Freezing Orders (AFOs) have become a prevalent tool for investigative authorities to temporarily freeze funds in accounts held by individuals and businesses. These orders are typically triggered following a Suspicious Activity Report (SAR) made by a financial institution, such as a bank or building society, due to unusual transaction activities.
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