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News 09/05/2025

Gavin Irwin is representing Oghenochuko Ojiri, the art dealer and former BBC Bargain Hunt presenter, for alleged breaches of the Terrorism Act 2000.

Art Market Participants (AMPs) fall within the regulated sector for the purpose of anti-money laundering and counter terrorism financing regulations.  An AMP is a company or sole practitioner who is either:

  • ‘by way of business’ trading, or acting as an intermediary, in the buying or selling of works of art where the transaction value (or a series of linked transactions) is 10,000 euros or more;
  • the operator of a Freeport storing works of art in the Freeport and the value for a person (or a series of linked persons) is 10,000 euros or more.

A ‘work of art’ is defined in section 21(5) of the Value Added Tax Act 1994 and includes: paintings and photographs; engravings and prints; sculptures and ceramics; and, tapestries.

AMPs must be registered with HMRC and comply with customer due diligence, document keeping, disclosure and notification requirements.

Under section 21A, an AMP commits an offence if he “knows or suspects or has reasonable cause to suspect” that another person has committed a terrorism financing offence and then fails to disclose that to the authorities.

Gavin’s client is alleged to have committed offences under section 21A in 2020 and 2021 when selling paintings to Nazem Ahmad, an alleged Hizballah financier, currently being tried for evading U.S. financial sanctions in the Eastern District of New York.

This is understood to be the first prosecution brought under section 21A.

Gavin advises individuals and businesses on sensitive issues concerning: financial crime; financial and trade sanctions; export controls; and, national security and investment.

Gavin is instructed by Siobhain Egan of Lewis Nedas Law.

Media Links: BBC | The Times | USA Gov (DOJ)

News 09/05/2025

Authors / Speakers

Gavin Irwin

Call 1996

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