Reflection on the recent High Court decision: the SFO can request production of documents held abroad by foreign companies
A recent High Court decision has ruled on the international application of a section 2 Criminal Justice Act (CJA) 1987 notice. It was held that the notice was enforceable against a non-UK company and it accordingly could be compelled to disclose documents to the SFO held outside of the jurisdiction.
Last month, the Supreme Court of British Columbia awarded a Singapore company, Copytrack, an order that it was entitled to trace Ether tokens which had been issued to an investor by mistake.
The new powers of unexplained wealth orders (UWO) and the supporting “interim freezing orders” commenced on 31 January 2018. Criticism has been made of government authorities' (the NCA, HMRC, the FCA, the SFO and the CPS) seeming reluctance to avail themselves of their newfound investigative tool.