Confiscation, Restraint Orders and Cash Seizures
The firm has a specialist unit dealing with Confiscation Proceedings, Restraint Orders, Forfeiture Proceedings and Cash Seizures. The unit is headed by Mr John Veale who leads a team of experienced lawyers dealing with this specialist area of work.
Confiscation Proceedings and Restraint Orders
We have considerable experience in representing clients in relation to Confiscation Proceedings and Restraint Orders.
Our specialist unit regularly works with the leading barristers and forensic accountants in the field and prides itself on providing quick and effective advice in all situations.
We are regularly instructed by defendants in relation to Confiscation Proceedings post-conviction. We advise clients in such circumstances and if appropriate take over conduct of their case for the confiscation stage of the proceedings.
We appreciate that work relating to the Proceeds of Crime Act (POCA) / Confiscation Proceedings is a highly specialised area and for this reason we have a dedicated unit dealing exclusively with this type of work.
We have had considerable success in Confiscation Proceedings and members of our team have acted in relation to some of the leading reported cases in this area of law.
Cash Seizure and Forfeiture
Criminal or civil asset recovery orders made under the Proceeds of Crime Act 2002 can involve measures including confiscation, restraint, receivership, cash seizure or civil recovery or property freezing orders. The minimum amount able to be seized under Section 294 of the 2002 Act was lowered from £10,000 to £5,000 on the 16 March 2004. The minimum amount able to be seized was reduced from £5,000 to £1,000 with effect from the 31 July 2006.
Being subject to a POCA cash seizure and forfeiture action can be a distressing and traumatic experience for individuals, their family and business colleagues who may be affected by the order. We usually act for individuals and companies affected by the cash seizure or forfeiture on a privately paying basis. We appreciate that costs will be a major concern for clients so we will keep clients regularly informed of the costs to date, and will provide estimates for each stage of work we plan to undertake. We are often able to provide a fixed fee quote for this type of work.
The person in charge of the cash should be questioned regarding it. The questions are for the purpose of establishing its ownership and whether it is recoverable property. Recoverable property is property obtained through unlawful conduct.
A form called ‘Form A’ must be completed at the scene and served on the person from whom the cash is seized together with a copy of the ‘Receipt For Seized Cash’. There is no power to detain a person at the scene for the purpose of serving the forms. The Form A must include the time and place of seizure, the Magistrates’ Court at which the application for further detention will take place and finally the reason for seizing the cash.
If you are affected by cash seizure or forfeiture proceedings (often on entering the UK at an airport or seaport) you will need to speak to an expert lawyer immediately who can advise you in relation to the legality of seizure, advise you of the extent of your rights to challenge the seizure and and represent you before the Court in order to apply for the funds to be returned.
Mr John Veale
0121 449 9888 / 07989 521 210 (24hr Emergency Number)
Ms Frances Murray
0121 449 9888 / 020 7936 6396 / 07989 521 210 (24hr Emergency Number)