Unexplained Wealth Orders (UWO) Solicitors
Specialist Defence Against Unexplained Wealth Orders
Unexplained Wealth Orders (UWOs) were introduced in January 2018 as tools used by UK enforcement agencies to target property that appears to be funded by illegitimate means. If you have been served with a UWO, it is important to act quickly and seek specialist legal advice to protect your assets and reputation.
At Cartwright King, our corporate, financial and serious crime solicitors provide expert legal guidance on responding to UWOs and any related freezing orders.
Call us now on 03458 894 1622 or complete our online enquiry form. A member of our corporate and financial crime team will call you back.
What Is an Unexplained Wealth Order
An Unexplained Wealth Order is a civil investigative measure introduced under the Criminal Finances Act 2017. It compels an individual to explain how they acquired specific property if it appears disproportionate to their known legitimate income.
Key points about UWOs:
- UWOs are not criminal charges but civil investigatory tools.
- They target property valued at £50,000 or more.
- If no satisfactory explanation is provided, the property may be presumed to be recoverable in civil proceedings.
- UWOs are often accompanied by Interim Freezing Orders (IFOs) to stop the individual from moving or hiding their assets
Who Can Be Subject to a UWO?
Authorities can apply for a UWO against individuals or entities if:
- There is reasonable suspicion that the individual’s known income cannot account for their ownership of certain assets.
- The individual is a Politically Exposed Person (PEP), such as a foreign public official, or a family member or close associate of a PEP.
- The individual is suspected of involvement in serious crime (including fraud, corruption, money laundering, or organised crime).
Recent reforms under the Economic Crime (Transparency and Enforcement) Act 2022 have strengthened the UWO regime. These allow enforcement agencies to act quicker, with additional powers to target individuals who hold property through complex offshore structures or trusts.
What Happens If You Receive a UWO?
If you receive a UWO you will be legally required to provide a credible account of how the relevant assets were obtained.
Failure to comply or providing unsatisfactory responses can lead to:
- Civil recovery proceedings to seize property.
- Reputational harm that affects your business and personal standing.
- Financial and operational restrictions through interim asset freezes.
It is essential to act quickly and seek specialist legal advice to build a strong legal response and protect your interests.
Interim Freezing Orders
A UWO is often accompanied by an Interim Freezing Order (IFO). This order prevents you from selling, transferring or dissipating the asset while the investigation is ongoing.
Breaching an IFO can result in further legal action and penalties. Our team can advise on challenging or varying these orders where appropriate.
Frequently asked questions.
What is the deadline to respond to an Unexplained Wealth Order?
The deadline will be set out in the order itself. Typically, a person is given a relatively short timeframe to provide the required information and documentation. Failing to meet this deadline can lead to significant consequences. Therefore it’s vital to seek legal advice immediately upon receipt of a UWO.
Give our team a call on 0345 894 1622 or use our online call back form.
Can I challenge a Unexplained Wealth Order?
While the UWO itself is not appealable in the conventional sense, it may be possible to challenge the underlying assumptions or associated orders by applying to the court to vary or discharge them. You may also challenge whether the statutory requirements for making the UWO were properly satisfied.
Will my Unexplained Wealth Order case be public?
A UWO is a civil investigative tool, and the proceedings may remain private in some cases. However, UWOs can attract media attention, particularly where high-profile individuals or politically exposed persons (PEPs) are involved. There is no statutory guarantee of confidentiality, so reputational risk should always be considered. Legal teams can request reporting restrictions, though these are not always granted.
What happens if I do not comply with an Unexplained Wealth Order??
If you fail to respond to a UWO, or provide a response that the court deems inadequate, the following consequences can arise:
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Rebuttable presumption of recoverability: The property in question will be presumed to be recoverable under Part 5 of the Proceeds of Crime Act 2002 (POCA). This means the enforcement agency can initiate civil recovery proceedings to seize the asset, without needing to prove a criminal offence.
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Freezing order enforcement: If an Interim Freezing Order is in place (as is common), you may remain subject to restrictions on disposing of or dealing with the property.
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Contempt of court: Deliberate non-compliance may also lead to contempt proceedings, which can result in fines or imprisonment in serious cases.
Even if no further action is taken immediately, failing to respond to a UWO can significantly weaken your position in any future litigation. The courts may draw adverse inferences from your silence, especially if your explanation could have clarified the origin of the assets.
Can offshore assets be targeted?
Yes. Following the 2022 reforms, enforcement agencies have greater scope to investigate and apply UWOs to property held through complex or opaque structures, including offshore companies and trusts. This is particularly relevant where the ultimate beneficial owner can be identified, even if the property is legally held by another entity.
How Cartwright King Can Help
Our corporate, financial, and serious crime solicitors have significant experience advising clients facing Unexplained Wealth Orders and related freezing actions.
We understand the urgency and sensitivity of these cases. Our team offers specialist expertise in financial crime, helping you keep control of your assets and minimise the risk of enforcement action. Give our team a call on 0345 894 1622 or use our online call back form.