“They are excellent in their client care and have a technical knowledge of POCA and asset forfeiture work which is, in my view, far superior to other firms”

Chambers & Partners

Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'

Confiscation, Restraint Orders & 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.

Kangs Solicitors has been ranked nationally for POCA and Asset Forfeiture work in Chambers & Partners Directory since 2014.

Frequently represents high-profile individuals in proceeds of crime proceedings following convictions for fraud, money laundering and conspiracy to supply drugs

Chambers & Partners | 2018 Edition

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.

Advises on civil cases brought by the NCA under POCA, including property freezing and civil recovery orders

Chambers & Partners | 2018 Edition

Dedicated white-collar crime team handling confiscations, restraint orders and cash seizures

Chambers & Partners | 2018 Edition

They are excellent in their client care and have a technical knowledge of POCA and asset forfeiture work which is, in my view, far superior to other firms

Chambers & Partners | 2017 Edition

Dedicated white-collar crime team handling confiscations, restraint orders and cash seizures

Chambers & Partners | 2017 Edition

Frequently represents high-profile individuals in proceeds of crime proceedings following convictions for fraud

Chambers & Partners | 2017 Edition

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Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street, City of London
London, EC4Y 0DR

020 7936 6396

Manchester

Pall Mall Court 61-67 King Street
Manchester, M2 4PD

0161 618 1098