UK, Proceeds of Crime Act 2002 (POCA), Criminal Prosecution

UK Crime and Policing Bill: New Measures To Facilitate Prosecution of Companies and High-Net-Worth Individuals

Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2025

Key Points - If the Crime and Policing Bill (CPB) is enacted in current form, it will make it significantly easier for companies to be held liable for criminal offences committed by their senior managers. Coupled with the...more

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

Cooley LLP on 3/12/2025

In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

Supreme Court clarifies extraterritorial scope of UK money laundering offences

A&O Shearman on 2/21/2025

The Supreme Court has ruled that the Proceeds of Crime Act 2002 (POCA) only catches substantive money laundering acts committed in the UK. This simplifies the assessment for companies when considering whether to file a report...more

UK Crime Agency Secures Novel Court Ruling for Over £50 Million in Crime-Linked Funds

Cadwalader, Wickersham & Taft LLP on 12/7/2022

On 25 November, the High Court of England and Wales ruled in a significant decision that suspected proceeds of crime linked to unnamed individuals must be transferred to the National Crime Agency (NCA). The funds were held by...more

The CPS cracks down on Money Laundering; but to what effect?

BCLP on 6/11/2021

On 2 June 2021, the Crown Prosecution Service (the “CPS”) updated its Money Laundering Offences guidance on prosecuting ‘failure to disclose’ offences under section 330 of the Proceeds of Crime Act 2002. Such a failure exists...more

New confiscation recommendations: a price worth paying?

WilmerHale on 7/27/2016

On 15 July 2016, the Home Affairs Committee published a report on the Proceeds of Crime. The report identifies a number of systemic problems with the current confiscation order system and makes several recommendations...more

Scottish Authorities Settle First Corporate Criminal Offence Under the Bribery Act

Morrison & Foerster LLP on 10/8/2015

On 25 September 2015, prosecutors in Scotland announced the first application of the corporate offence of failing to prevent bribery under section 7 of the Bribery Act 2010. Due to self-reporting and extensive cooperation...more

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