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.
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 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: