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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

    Steps To Take If You Have Been Served With A Disclosure Order | Kangs Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSSteps To Take If You Have Been Served With A Disclosure Order | Kangs Solicitors

    Jul

    27

    July 27 , 2017 | Posted by Kangs Solicitors |

    Steps To Take If You Have Been Served With A Disclosure Order | Kangs Solicitors

    Kangs Solicitors are regularly instructed to advise in respect of Freezing Injunctions and Disclosure Orders obtained at the High Court of Justice.

    What Is A Disclosure Order (DO)? | Kangs Civil Fraud Investigations Team

    A DO requires a party to whom it is addressed to disclose in a formal document the nature, extent and location of all realisable property in that person’s name, or of any interest in any property of any description, whether it be located in the UK or abroad.

    A DO may be issued against any third party, who holds, or is suspected of holding, property of any nature belonging to the relevant party.

    What Do I Have To Consider? | Kangs Disclosure Order Solicitors

    Upon being served with a DO there are a number of issues to be considered including:

    • Self-Incrimination

    Disclosure in a manner that is  not professionally conducted and conveyed could result in an unintended and indirect admission to having committed a money laundering offence by possessing or converting criminal property.

    • Failing to properly comply with the DO

    Section 359 Proceeds Of Crime Act 2002 states:

    A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order.

    (2)A person guilty of an offence under subsection (1) is liable on summary conviction to—

    (a) Imprisonment for a term not exceeding six months,

    (b) A fine not exceeding level 5 on the standard scale, or

    (c) Both.

    (3) A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he—

    (a) Makes a statement which he knows to be false or misleading in a material particular, or

    (b) Recklessly makes a statement which is false or misleading in a material particular.

    (4)A person guilty of an offence under subsection (3) is liable—

    (a) On summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or

    (b) On conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

    Accordingly, imprisonment may be a consequence of failing to comply with a DO.

    A fine line may exist between the right not to self-incriminate (i.e. not providing information) and complying with the DO.

    How Can We Help You? | Kangs Civil Fraud Solicitors

    Any person served with a DO must act immediately and seek legal advice as failure to abide by its terms could have severe consequences, including potential imprisonment.

    Our team of experts will be able to assist by:

    1. Ensuring compliance with the DO.
    2. Preparing all documentation required to ensure compliance
    3. Advising upon the right against self-incrimination
    4. Advising and assisting in relation to the overall investigation and any further proceedings that may ensue.

    Who Can I Contact For Help? | Kangs Civil Recovery Solicitors

    Our Team of solicitors is here to assist and advise you every step of the way and may be contacted through the following:

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

    John Veale
    jveale@kangssolicitors.co.uk
    07779 055907 | 0121 449 9888 | 020 7936 6396

    Tim Thompson
    tthompson@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396 | 07989 521210

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