Kangs Solicitors has recently successfully acted for a client seeking the release of funds, which had been made the subject of an Account Freezing Order (‘AFO’), and which the Crown was seeking to forfeit.
Tim Thompson of Kangs Solicitors explains the circumstances.
The Circumstances | Kangs Account Freezing Order Solicitors
- Our client, together with others, had been the subject of a nationwide multi-agency investigation, known as Project Princekin, concerned with monies deposited into UK Bank Accounts held by Chinese students in the UK.
- The investigation sought to identify threats to the UK financial system created by money laundering on the part of organised crime groups emanating, it is believed, from the Far East.
- The investigation resulted in the Crown obtaining an AFO against our client, and others, before Birmingham Magistrates’ Court in February 2019.
- In October 2019, the Crown issued an Application for Forfeiture of the monies which had been frozen.
Please click the link below to read our previous news story in relation to this investigation:
- Alleged Money Laundering From China | Account Freezing Orders | Kangs Financial Offence Defence Solicitors
The Relevant Law | Proceeds of Crime Act 2002 [POCA] | Kangs POCA Solicitors
- ‘The court or sheriff may order the forfeiture of the money or any part of it if satisfied that the money or part—
(a) is recoverable property, or
(b) is intended by any person for use in unlawful conduct.
- ‘Recoverable property’ is defined as “property obtained through unlawful conduct”.
- ‘In deciding whether any property was obtained through unlawful conduct……It is not necessary to show that the conduct was of a particular kind if it is shown that the property was obtained through conduct of one of a number of kinds, each of which would have been unlawful conduct.’
How We Assisted Our Client | Kangs AFO Defence Solicitors
Our client maintained that the disputed funds arose from the legitimate sale of a property in China.
The Kangs Team:
- examined all available evidence,
- advised our client upon his position and the appropriate course to adopt,
- obtained written witness evidence to support our client’s case including that from witnesses in China,
- gathered and examined all relevant banking and other documentation,
- submitted all of the collated evidence to the Crown and entered negotiations in an attempt to settle this matter without the need of a formal Trial which ultimately resulted in settlement out of Court and the return of a significant sum to our client’s complete satisfaction.
How Can We Assist? | Kangs Restraint And Account Freezing Order Solicitors
If you require assistance, please do not hesitate to contact our team through one of our undermentioned solicitors who will be happy to assist you: