Prosecuting authorities can bring forward confiscation proceedings where it is believed that you obtained financial benefit as a direct result of an offence. The Proceeds of Crime Act 2002 (POCA) could freeze and confiscate your assets in both the civil and criminal courts.
While agencies have extensive powers when bringing forward a proceeds of crime claim, it may be possible to challenge proceedings or protect assets which have been wrongly included. This is something our proceeds of crime solicitors can support you with.
At Carson Kaye, our criminal defence solicitors have specialist expertise in preparing proceeds of crime cases, supporting you if you are subject to a confiscation order or if any of your assets have been wrongly seized.
We have established a strong track record of success in handling proceeds of crime matters, supporting clients who have been facing draconian action from prosecuting authorities and providing tactical guidance to achieve a proportionate outcome.
When our team are instructed, we will take the time to carefully review the details of your case, using this information to provide tailored advice on what steps need to be taken. In some cases, this may involve challenging confiscation proceedings entirely, or taking steps to protect assets which you believe have been wrongly included.
We are regularly instructed to support clients with proceedings of crime matters, including those related to:
- Confiscation proceedings
- Section 22 applications
- Account freezing and restraint orders
Contact our Proceeds of Crime Solicitors in the City of London
Our Expertise with Proceeds of Crime
Challenging confiscation proceedings
If you are facing confiscation proceedings under the Proceeds of Crime Act, you could liable to face considerable periods of imprisonment if you fail to pay the order. However, these proceedings can be appealed under certain circumstances, which is something our solicitors can support you with.
Where a confiscation order has been incorrectly levelled against you, we can provide robust representation to ensure that your assets are protected and that the figures stated are not based on false information, or include assets which are said to be ‘hidden’.
We understand the potential impact of being struck with a confiscation order, both for you and your loved ones, so we will act accordingly to prepare a thorough case that helps to protect both your current and future assets.
Section 22 applications
If a confiscation order has previously been made, and the prosecution identify a notable difference between the benefit figure and the available amount, an application under Section 22 of the Proceeds of Crime Act could be launched.
As a defendant, if you have obtained any assets since the original confiscation order was made, these could be confiscated by the prosecution up to the value of the original benefit figure. It is possible to appeal against a Section 22 application, which is something our solicitors can guide you through.
Our team can advise you on the potential defences that could be applied against a Section 22 application (such as the assets in question belonging to a third party), using this to form a strong defence that protects your rights and interests.
Account freezing and restraint orders
Under the Proceeds of Crime Act, it is possible for the contents of a bank accounts to be frozen if it is suspected that they come from any unlawful conduct, or it is thought the funds will be used illegally. Similarly, a restraint order could also be issued to block any assets from being used is they are thought to have been acquired through criminal conduct.
Our team understand the extensive impact that receiving an account freezing or restraint order have. As such, we can provide prompt advice to challenge an application, gathering the necessary evidence to demonstrate the funds in question are from a legitimate source.
Why Work with our Proceeds of Crime Solicitors in London?
At Carson Kaye, our top priority is to ensure that every one of our clients receives the highest standard of legal advice and representation. We do this by providing bespoke solutions to even the most complex matters, building genuine relationships along the way.
We are Tier 3 ranked by leading client guide The Legal 500, providing independent recognition of our skills and expertise in handling criminal law matters, including those related to confiscation proceedings.
We have established a strong track record of success in a wide range of sectors, including in relation to proceeds of crime.