Barry Stancombe summarises a recent UWO judgment (NCA v Hussain & others) - this follows closely behind the widely reported case of Hajiyeva

National Crime Agency v Mansoor Mahmood Hussain, Laurel Terrace Limited, Land88 Limited, Jayco88 Limited, Cubic Business Park Limited, 88M Group Limited, 2 Park Square Limited 28 February 2020 / [2020] EWHC 432 (Admin), 2020 Murray J

The Court determined that it was just, appropriate and proportionate to make an Unexplained Wealth Order (UWO) against Mr Hussain and to make the Interim Freezing Order (IFO) against Mr Hussain and the Other IFO Respondents.

This recently reported case shows that a UWO and IFO were made last summer against a Leeds businessman.   Challenges as to whether the matter should be heard in private led, until recently, to the delay in the reporting of the case.

Although the press challenges were later withdrawn, the NCA urged the Court to determine the issues raised in relation to these applications. The Judge agreed that the applications for the UWO and IFO ought to be heard in private.

Mr Hussain aged 39 was self-employed as the director of a number of companies purportedly engaged in property development and management. Mr Hussain had never been convicted of a criminal offence but had received one police caution. The Other IFO Respondents were companies incorporated in England and Wales wholly owned by Mr Hussain and through which he controlled various residential and commercial properties relevant to the UWO Application and the IFO Application.

The UWO Application concerned properties in mainly in Leeds and Cheshire.  

The nature of the NCA's case in support of the UWO Application and the IFO was summarised by Murray J:

“In a nutshell, however, the case is that the NCA has sufficient evidence to support a reasonable suspicion that Mr Hussain, who is a known associate of leading members of certain organised crime gangs, acts as a "professional enabler" or professional money launderer for a number of well-known criminals who operate in the Leeds/Bradford area, meaning that he uses specialist knowledge and expertise to find opportunities for his criminal associates to retain and to launder the proceeds of crime. One such way is to channel such proceeds through corporate vehicles in order to fund the purchase of residential and commercial properties, principally held by or through companies that he controls. The NCA suspects that each of the Properties falls into that category.”

Since the UWO and IFO were made, the existence of the UWO and the IFO ceased to be confidential and were superseded by a property freezing order made on 12 February 2020 at a hearing in public by Supperstone J.

By BARRY STANCOMBE

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