Unexplained Wealth Orders

Unexplained Wealth Orders (UWOs) were introduced to bolster the Proceeds of Crime regime by extending the powers of law enforcement agencies to seize assets suspected of representing criminal property.

UWOs require someone to prove that a particular asset was obtained through legitimate means. Please read our frequently asked questions below for more details on how UWOs work, how they can be used, and ways to potentially challenge them.

The wide range of parties that can be targeted by UWOs, the reverse burden of proof that applies and the pressure on UK authorities to be seen to do more to stamp out suspected dirty money, means that many people may find themselves fighting to retain their assets.

There are potentially dire consequences for those targeted by a UWO, so speed and effectiveness of response are of the essence. Our specialist lawyers have considerable experience relating to UWOs, including:

• Considering the lawfulness of a UWO and any grounds for mounting a potential challenge;
• Preparing robust responses to a UWO to explain how the target asset was legitimately acquired and to establish rightful ownership;
• Coordination of evidence from wherever in the world is necessary;
• Advice on third-party rights, for example how any information used in a UWO defence process may be shared with other international law enforcement agencies and applied to the detriment of a connected person.

Sometimes the prosecuting authority may seek an interim freezing order (a restraint order) over the asset in question before a proper response to the UWO has been given. See our expertise in this area.