Relying on Foreign Convictions from Non-European Economic Area States to Investigate Unexplained Wealth for the Purpose of Combating Money Laundering in the United Kingdom: A Comment on National Crime Agency v Hajiyeva (Rev 1) [2018] EWHC 2534 (Admin) (03 October 2018)

One of the measures adopted by the government of the United Kingdom (the UK) in its effort to combat money laundering and corruption was to enact the Criminal Finances Act of 2017 to amend the Proceeds of Crime Act of 2002 to introduce Unexplained Wealth Orders under sections 362A to 362T. The drafting history of sections 362A to 362T of the Proceeds of Crime Act shows that they were meant to fight corruption and money laundering committed in the UK and outside the UK in both European Economic Area countries and non-European Economic Area countries. In National Crime Agency v Hajiyeva (Rev 1) the United Kingdom High Court, for the first time, dealt with the issue of whether or not to issue an Unexplained Wealth Order. One of the factors it considered was whether the respondent’s husband had been involved in criminal activity to obtain the money that was transferred to the United Kingdom and which the respondent used to buy property. The purpose of this article is to highlight this High Court decision and suggest ways in which the enforcement authorities in the United Kingdom could better deal with convictions from non-EEA countries when they apply for Unexplained Wealth Orders.