FOREIGN POCA CIVIL RECOVERY PROCEEDINGS IN THE UK

On 2 June, an article from Bright Line Law was concerned with a recent High Court case in London.  In this case, the NCA played the supporting role in US efforts to forfeit 50 prized movie posters held in the UK.  The decision of the Court is said to be a notable addition to the few reported cases considering a proceeds of crime order in a context other than domestic confiscation under Part 2 of the Proceeds of Crime Act 2002 (POCA) or civil recovery under Part 5 POCA.  The movie posters, it was alleged, had been acquired with proceeds traceable to the 1MDB fraud.  The NCA had sought a prohibition order preventing dealings with the movie posters.  The Court laid down that a prohibition order was subject to the discretion of the court and 3 conditions.  It was held that the conditions were met in this case and the court declined to exercise its discretion against the making of a prohibition order.  It is said that the case also highlights the speed of UK contact with the US over questionable property. 

https://brightlinelaw.co.uk/nca-v-aziz-ors-foreign-recovery-proceedings-and-prohibition-orders-under-poca/

 

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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