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 drugsChambers & 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 ordersChambers & Partners | 2018 Edition
Dedicated white-collar crime team handling confiscations, restraint orders and cash seizuresChambers & 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 firmsChambers & Partners | 2017 Edition
Dedicated white-collar crime team handling confiscations, restraint orders and cash seizuresChambers & Partners | 2017 Edition
Frequently represents high-profile individuals in proceeds of crime proceedings following convictions for fraudChambers & Partners | 2017 Edition
In his recent article ‘Dealing With Mental Health Disorders’ posted to this site on 14th May 2019 Nazaqat Maqsoom of Kangs Solicitors commented on various matters concerning such cases. He now outlines the Orders available to the courts under The Mental Health Act...
Kangs Solicitors has been instructed to represent a Company Director in the defence of proceedings at Reading Crown Court pursuant to the Proceeds of Crime Act 2002 (POCA). The Circumstances | Kangs POCA Defence Team Confiscation proceedings under POCA are being...
Tax Fraud and Money Laundering Trial Commences | Nottingham Crown Court | Kangs Financial Crime Defence Team
As previously reported in an article posted to this website Kangs Solicitors is defending a client charged with conspiracy to commit Tax Fraud and Money Laundering. The trial has now commenced at Nottingham Crown Court. The prosecution is being conducted by the...
On 12th April 2019, The Counter-Terrorism and Border Security Act (‘the Act’) came into force in the wake of ongoing national security concerns. John Veale of Kangs Solicitors outlines some of this new legislation. The Act | Kangs Solicitors Serious Crime Legislation...
Clients suffering from any one or more of a variety of mental health disorders require specialised attention. Nazaqat Maqsoom of Kangs Solicitors briefly outlines the nature of some mental disorders and the manner in which Courts deal with those accused of any crime...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
Pall Mall Court 61-67 King Street
Manchester, M2 4PD