National Crime Agency v Baker and Others

Queen's Bench Division (Administrative Court) [2020] EWHC 822 (Admin), Before Mrs Justice Lang, 10, 11 March, 8 April 2020

Unexplained Wealth orders (UWOs) - Interim freezing orders - Proceeds of Crime Act 2002, sections 362A to 362R - Income requirement - Holding requirement - Politically exposed persons (PEPs).

This was an application by Andrew Baker, Villa Magna Foundation ("Villa Magna"), Manrick Private Foundation ("Manrick"), Alderton Investments Ltd ("Alderton") and Tropicana Assets Foundation ("Tropicana") ("the respondents") to discharge three unexplained wealth orders ("UWOs") and related interim freezing orders ("IFOs") (together "the Orders") made on 22 May 2019, pursuant to sections 362A to 362R of the Proceeds of Crime Act 2002 ("POCA 2002"). The UWOs related to three properties (described as Property 1, Property 2 and Property 3) all of which were owned by offshore structures. The UWOs required the respondents to provide information specified in the schedules to the Orders, by way of a video statement and production of documents. To support its applications for the Orders the NCA had adduced extensive evidence to the effect that the three properties were acquired as a means of laundering the proceeds of the unlawful conduct of the late Rakhat Aliyev ("RA").