Last week a Judge ruled that the London couple suspected of bringing £14m of ‘dirty money’ into the capital from Azerbaijan should have their identities made public. This marks a significant step forward in the fight against secret justice.
National Crime Agency | Rosenblatt’s Financial Crime Team
On 27 May 2021 District Judge Vanessa Baraitser stated that continuing to conceal the couple’s identities would be a disproportionate interference with the principle of open justice and ordered that the anonymity order protecting their names be lifted.
The application placed before the Judge at Westminster Magistrates’ Court was made by the Evening Standard and supported by the National Crime Agency (NCA). The newspaper had been fighting for nearly two years to name the couple as part of the legal battle which was launched to make it easier for the media to report on future ‘dirty money’ forfeiture cases.
Last week’s judgment also held that there were no grounds for holding any of the forthcoming forfeiture hearing in respect of this ‘laundromat’ couple in secret. The Judge stated that the, “burden of displacing the general rule as to publicity lies on the Respondents [X and Y]…and there is no evidence before me which would justify a derogation from the usual principle of open justice.”
Details of the full allegations against the pair should now be made public. The Judge, however, granted the couple a seven day ‘stay’ to afford them time to seek a judicial review of her decision if they so wish.
District Judge Baraitser confirmed that there is a “public interest in informed public debate” about account forfeiture orders. The Judge further added that, “such debate is stimulated and enhanced by the identities of the parties being revealed… and, in accordance with the usual principle of open justice the public has a right to know who they are.”
The NCA have confirmed that the pair are accused of using a complex web of ‘brass plate’ companies in varying locations including, the Seychelles and Potters Bar in order to launder money made by the ‘ruling elite’ in Azerbaijan. It is alleged that the money is moved through banks in Estonia and Latvia into accounts at Coutts, Barclays, Lloyds and Santander with fake invoices of £500m worth of steel being used as one such method to conceal the money transfers.
The pair own several multi-million pound London properties and are facing the seizure of approximately £6.5m in their bank accounts. Their lawyers have confirmed that they are seeking a High Court injunction and permission for judicial review on the grounds that lifting anonymity will interfere with other proceedings. However, if they fail the couple will have their identities made public this week.
Our financial crime team will monitor these proceedings closely and in particular whether any judicial review sought by the couple is successful.
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Rosenblatt has a wealth of experience in financial crime and is uniquely placed to support client’s crime needs.
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Should you wish to discuss the services we offer further please contact Frances Murray from the Financial Crime team at frances.murray@rosenblatt-law.co.uk or +44 (0)20 7955 0880.
Authors
Frances Murray, Senior Associate (frances.murray@rosenblatt-law.co.uk)
Emily Russell, Trainee Solicitor (emily.russell@rosenblatt-law.co.uk)