National Crime Agency v Hussain and Others

Queen's Bench Division (Administrative Court) [2020] EWHC 432 (Admin), Before Mr Justice Murray, 12 July 2019, 28 February 2020

Proceeds of crime - Unexplained wealth order - Interim freezing order - "Reasonable grounds to believe" - "Reasonable grounds for suspecting" - "Facilitated the commission of a serious offence" - Whether an unexplained wealth order was more intrusive that a disclosure order and disclosure notices - Whether it was just, appropriate and proportionate to make an unexplained wealth order - Public hearing - Whether it was necessary to hear the application in private - Proceeds of Crime Act 2002, sections 357, 362A-D, 362H-L and 414(3)(b) and (za) (as inserted by the Criminal Finances Act 2017) - Serious Crime Act 2007, Part 1 of Schedule 1 - European Convention on Human Rights, articles 2, 6, 8, 10, A1P1 - CPR r 39.2.

The National Crime Agency ("NCA") applied for an unexplained wealth order under section 362A(1) Proceeds of Crime Act 2002 ("the Act") requiring Mr Hussain to explain how he had obtained eight properties said to have a value of more than £7.5 million. The NCA stated that Mr Hussain held the property as either registered legal owner or had significant control of companies that were the registered legal owner. The NCA alleged that there was reasonable cause for suspicion that the known sources of his lawfully obtained income would have been insufficient to obtain the property. The NCA exhibited Companies House, Land Registry and HMRC documents. The NCA also stated that it suspected Mr Hussain was a professional enabler and money launderer for organised crime gangs involved in controlled drugs, gang violence, armed robbery and serious fraud. The NCA exhibited material about the criminal convictions of his associates and their property dealings. It lodged witness statements from its investigators. The NCA also applied for interim freezing orders under section 362J of the Act.