Successful Cash Recovery | Kangs Criminal Defence Solicitors
Kangs Solicitors were instructed to seek recovery of money seized from our client by the UK Border Agency (‘UKBA’) at Stansted Airport.
Timothy Thompson of Kangs Solicitors explains the events.
The Background | Kangs Money Laundering Solicitors
Our client and his family were at Stansted Airport anticipating boarding a flight to take them on holiday when UKBA Officers stopped and searched him.
The officers discovered cash which they alleged derived from the proceeds of criminal conduct and as our client was, at that time, unable to evidence the provenance of the cash, the UKBA Officers seized and retained it.
The Law | Kangs Financial Crime Advisory Solicitors
The applicable law is contained within sections 294 to 303 of the Proceeds of Crime Act 2002 (‘POCA’).
Generally cases of this nature will follow this order:
Seizure of the ‘cash’
Since POCA both customs and police are allowed to seize cash of more than £1,000 from someone entering the country, or who is already in the country, if it seems that the cash:
- derives from a criminal act
- is going to be used illegally
Detention of the ‘cash’ - The Relevant Time Limits
Section 295 POCA
While the customs or police have reasonable grounds for suspicion, cash seized under section 294 may be detained, initially, for a period of 48 hours.
This period may be extended by a Magistrates’ court order but it cannot authorise the detention of any of the cash—
(a) beyond the end of the period of 3 months beginning with the date of the order,
(b) in the case of any further orders granting further extensions beyond the end of the period of 2 years beginning with the date of the first order.
Forfeiture of the ‘cash’
As these proceedings are civil in nature, the retaining authority must show that on a balance of probabilities. i.e. more probable than not’ that the cash derived from criminal conduct.
Our Client’s Case | Kangs Money Laundering and Fraud Solicitors
Our client maintained that the cash seized had been earned legitimately by him from his occupation as a self-employed building contractor.
During the course of the preparation of our client’s application for the return of the cash we:
- conducted lengthy meetings with our client and his wife taking detailed instructions
- Located and took statements from witnesses who had paid our client for his services.
- Obtained and scrutinised financial/banking documents which proved the source of the seized cash
- Prepared a full response opposing the Crown’s allegations.
Successful Result | Kangs Complex Fraud Team
After months of preparation of the nature described above, further consideration by the Crown of the detail which we had provided resulted in our client’s money being returned to him, to his enormous relief.
Who Can I Contact For Help? | Kangs Cash Seizure Solicitors
If you are a business, whether a sole trader, partnership or company, we are here to assist and advise you on with all aspects relating to applications for the release of any cash that has been seized by any of the authorities.
Our team of solicitors has a proven track record of assisting many individual and businesses achieve the right result following a cash seizure.
Our expert team of Solicitors can be contacted through the following: