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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Confiscation and Restraint Orders | Kangs POCA Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSConfiscation and Restraint Orders | Kangs POCA Solicitors

    Sep

    26

    September 26 , 2017 | Posted by Kangs Solicitors |

    Confiscation and Restraint Orders | Kangs POCA Solicitors

    The Proceeds of Crime Act 2002 ‘POCA’) makes provision for:

    • Confiscation Proceedings, whereby the prosecuting authorities are empowered to recover financial benefit obtained through criminal activity and
    • Restraint Orders whereby the authorities may freeze assets believed to represent the proceeds of crime with a view to preserving them in anticipation that they may become the subject of Confiscation Proceedings following a criminal trial.

    Restraint Order can be made before charges are even brought.

    Enforcement agencies have the ability to make Confiscation and Restraint Orders against third parties, in certain circumstances.

    We have a wealth of experience in advising individuals, companies and third parties who are subject to such proceedings. We have a successful track record of challenging, varying and discharging these types of Orders.

    Asset Forfeiture

    The Proceeds of Crime Act 2002 allows HMRC, the Police and other enforcement agencies to seize sums of cash over £1,000, which they consider to be the proceeds of criminal activity.

    We can assist in challenging any cash seizures and are able to provide specialist representation at any subsequent forfeiture proceedings, with a view to having the cash returned.

    Civil Recovery

    Civil Recovery proceedings may be commenced through a civil court when an enforcement agency suspects that an individual or a company has assets obtained through criminal activity, but there is insufficient evidence to initiate criminal proceedings.

    Civil Recovery proceedings may be commenced even where an individual has been acquitted of a criminal offence following trial.

    As the proceedings are civil in nature, there is no jury trial. Instead a Judge has to decide, on the balance of probabilities, whether the assets represent the proceeds of criminal activity.

    We have a dedicated team of lawyers who can forensically review the evidence and build a case in order to negotiate with the authorities.

    How Can We Help? | Kangs POCA Team

    At Kangs Solicitors we are able to offer a wealth of experience in dealing with confiscation proceedings, enforcement proceedings, cash seizures and restraint orders.

    Our team can assist with the following:

    • Post confiscation proceedings
    • Section 23 POCA Applications (to vary the available assets figure after a Confiscation Order has been made)
    • Advising third parties who are made subject to Confiscation Orders or Restraint Orders
    • Representation in relation to pre-charge and post-charge restraint proceedings
    • Cash seizure and forfeiture
    • Preparing for contested cash seizure proceedings in the Magistrates Court’
    • Civil asset recovery

    Who Do I Need To Contact For Assistance?

    Please do not hesitate to contact one of the following for an initial consultation:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    John Veale
    jveale@kangssolicitors.co.uk
    0121 449 9888 | 07989 521 210

    Tim Thompson
    tthompson@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

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