On 11th June, RUSI published a new paper from the CFCS, the Centre for Financial Crime & Security Studies, which looks at the origins of the UK’s non-conviction-based confiscation regime, including the Unexplained Wealth Order, and evaluates the experience of other jurisdictions to consider whether the UK can learn lessons from their deployment of the powers. This paper explores the extent to which the hardline rhetoric of the government has been matched by reality, with regards to greater use of the powers available under Part 5 of the Proceeds of Crime Act 2002 (POCA), to allow for the confiscation of unlawfully obtained assets in the absence of a conviction – known as non-conviction-based (NCB) confiscation. It looks at the Irish model, which it says is often held up as a good example, and the US regime. It makes a number of recommendations for UK policymakers.
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