High Court rejection of Unexplained Wealth Orders in Kazakhstani money laundering probe clarifies limitations of use, say Gary Pons and Dan Jones, barristers at 5 St Andrew’s Hill
Unexplained Wealth Orders (UWOs) came into force in 2018, advertised as a new weapon in the war on illicit assets, creating the impression they would single-handedly tackle the UK’s reputation as a haven for dirty money. In reality, UWOs are simply a type of disclosure order which have a relatively limited purpose that serves to fill in the gap when investigators cannot rely on full cooperation from other jurisdictions.
This was clarified in National Crime Agency v Baker and others [2020] EWHC 822 (Admin), a judgment handed down in April, which addresses the disconnect between the public perception of UWOs and what they are actual achieving, by identifying their limitations.
