Call us 0333 370 4333
10/01/18

POCA | Civil Investigations | Kangs POCA Defence Solicitors

Share

Not every investigation by the authorities results in a prosecution before a Crown Court.

Under the Proceeds of Crime Act 2002 (‘POCA’) there is provision for proceedings to be issued in the civil courts for the recovery of assets that the investigating authority believes to have been acquired with the proceeds of crime derived from such activities, for example, as drug dealing or financial fraud.

Also, should a criminal prosecution have failed in a criminal court, it is still open for the investigating authority to issue civil proceedings for the recovery of assets.

John Veal of Kangs Solicitors outlines the procedure.

The Freezing Order | Kangs POCA Advisory Solicitors

Invariably, a Freezing Order is obtained from the Court against those individuals believed to be in possession or control of property acquired with the proceeds of crime.

Such an Order can be obtained ex parte i.e. without notice, thereby preventing those under suspicion from transferring any asset out of the jurisdiction or in any way trying to hide or depreciate the value of any asset.

The Disclosure Order | Kangs National Financial Fraud Solicitors

The Freezing Order may well be accompanied by a Disclosure Order which seeks information in regard to the assets in which the authorities are interested.

Provision of this information, required by  a specified date, will be required to be submitted by way of:

  • a written statement with supporting documentation,
  • interview under civil caution at the police station, at which time any supporting documents must be available
  • any other means as specified in the Order.

Possible Criminal Sanctions | Kangs Financial Fraud Team

There are sanctions for non-compliance and it is a criminal offence:    

  • without reasonable excuse, to fail to reply to questions during interview/provide information requested
  • to provide false information or replies that are false during interview.
  • to recklessly provide false information or be reckless as to whether replies given during interview are false.

A prison sentence up to two years may be given and may also be accompanied by a fine.

The Civil Caution Given Before Interview | Kangs POCA Interview Advisors

As part of the civil investigation process, an interview under caution may be required at the police station.

The caution given is a civil caution that warns of possible consequences of failing to answer questions, giving false answers or being reckless as to whether false answers are being given.

What Should You Do During Interview? | Kangs Specialist Interview Team

Individuals called for interview should not enter such process without first having sought specialist legal advice.

Our Team of specialists has many years’ experience dealing with interviews and will be happy to advise beforehand and attend any interview.

How Can We Help You? | Kangs National POCA Defence Solicitors

At Kangs Solicitors we have the expertise to deal with all matters arising under POCA.

Our team is led by Hamraj Kang who is recognised as a leading expert in the field. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for three consecutive years in the legal directory Chambers & Partners.

Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.

You should not hesitate to contact:

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

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

Timothy Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Old map of Birmingham