If you or your business are facing investigation under the Proceeds of Crime Act (POCA), the consequences can be severe, regardless of the eventual outcome. Whatever the circumstances, it is crucial to protect your interests by seeking expert legal advice as early as possible.
At Carson Kaye, we understand the immense pressure POCA investigations can place on individuals and businesses. When you instruct us, you will benefit from people-first solicitors with specialist expertise in matters of Proceeds of Crime. We will work closely with you to assess your legal position and advise on the immediate and longer-term steps needed to safeguard your assets and reputation.
When our team is instructed, we will 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 that you believe have been wrongly included.
Our proceeds of crime solicitors offer a comprehensive service for individuals or businesses facing investigation or legal proceedings under POCA, providing bespoke assistance for matters such as:
- Understanding the Proceeds of Crime Act
- Confiscation and Restraint Orders
- Defence against Money Laundering Allegations
- Protecting Your Assets Under POCA
Contact our POCA Defence Solicitors
Don’t wait to seek POCA offences legal advice. Contact Carson Kaye’s specialist POCA defence solicitors today by calling us on 020 8075 4147 or emailing info@carsonkaye.co.uk – one of our team will promptly get in touch.
Why Choose Our POCA Defence Solicitors?
At Carson Kaye, our top priority is ensuring that every client receives the highest standard of legal advice and representation. We do this by providing bespoke solutions to even the most complex matters and building genuine relationships along the way. Our clients keep us by their side for life, trusting us with their best interests throughout thick and thin.
We are proudly Tier 2 ranked by the leading client guide, The Legal 500, which provides 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. When you choose our proceeds of crime solicitors, you’re instructing solicitors who will always fight your corner firmly, no matter your legal battle.
What Happens During a POCA Investigation?
If you’re facing a POCA investigation, you should expect the authorities to conduct the following steps:
- Initial Investigation: Authorities begin gathering evidence of suspected criminal activity and financial gain.
- Asset Freezing: A restraint order may be issued to freeze bank accounts, property, or other assets.
- Financial Disclosure: You may be required to disclose detailed information about your finances, including assets, income, and liabilities.
- Forensic Analysis: Investigators trace the flow of money to identify the alleged proceeds of crime.
- Interview Under Caution: You may be questioned by law enforcement and should have legal representation present.
- Legal Proceedings: If charged and convicted, confiscation proceedings may follow to recover the alleged benefit.
We appreciate how worrying POCA investigations can be and must stress the importance of enlisting expert legal advice to protect your interests. At Carson Kaye, our team have the know-how to ensure you have the best chance of reaching the outcome you deserve, no matter the intricacies of the case.
Our POCA Defence Services
Understanding the Proceeds of Crime Act
The Proceeds of Crime Act 2002 (POCA) gives authorities wide-ranging powers to investigate, restrain, and confiscate assets believed to be linked to criminal conduct. Whether you are facing a criminal investigation or are already subject to proceedings, it is essential to understand how POCA investigation may affect your rights, finances, and reputation.
Our expert Proceeds of Crime Act solicitors provide clear, strategic advice on how POCA is applied and what steps can be taken to limit its impact. With our expert guidance, you’ll be fully informed and prepared to respond effectively to restraint, seizure, or confiscation proceedings.
Confiscation and Restraint Orders
Confiscation orders are used to recover the financial benefit of criminal activity following conviction, while restraint orders freeze assets during investigations to prevent their disposal.
Both can have a devastating impact on your business, personal finances, and access to funds. We have extensive experience challenging the assumptions made by prosecuting authorities and negotiating realistic outcomes.
Where appropriate, we can apply to vary or discharge restraint orders and work to reduce the amount sought under confiscation proceedings. Our priority is to protect your assets, defend your position, and ensure any orders are proportionate and legally justified.
Defence against Money Laundering Allegations
Money laundering offences can arise in a wide range of situations, and even those unknowingly handling funds linked to criminal conduct can be at risk. These allegations are complex, often involving detailed financial evidence, international transactions, and regulatory scrutiny.
Rest assured that our team will act swiftly to assess the case, identify weaknesses in the prosecution’s position, and build a robust defence. Whether you’re an individual or part of a corporate investigation, our confiscation solicitors ensure your rights are protected and that you receive proactive, strategic representation throughout all stages of legal proceedings, including at a POCA hearing.
Protecting Your Assets Under POCA
Asset protection is one of the most urgent concerns for anyone subject to POCA proceedings. Restraint and confiscation orders can impact everything from your home and savings to business assets and jointly held property.
We help clients navigate these threats by analysing asset ownership, identifying third-party rights, and challenging the basis of the orders. Where possible, we act to prevent unnecessary seizures, recover wrongfully frozen property, and ensure dependents and businesses retain access to essential funds.
Our Proceeds of Crime Act (POCA) solicitors are committed to preserving your financial position while achieving the best possible outcome. We truly have your best interests at heart.
FAQs about POCA Defence
How Do Confiscation Orders Work Under POCA?
A confiscation order is made by the Crown Court following a criminal conviction, and ensures the defendant pays a sum representative of the proceeds of their criminal conduct.
The prosecution must prove the value of the benefit obtained from the crime, which the court will combine with an assessment of the defendant’s available assets to issue proceedings.
If the order is not paid within the specified timeframe, enforcement proceedings can follow, which may include imprisonment.
Can I Challenge a Restraint Order?
Yes, it is indeed possible to challenge a restraint order. If you believe that the order is unjustified (for instance, if the order is too broad or if there is insufficient evidence of criminal benefit), you can apply to the court to discharge or vary your order. Our expert solicitors can provide assistance to give you the best chance of securing the outcome you deserve.
What Should I Do if Accused of Money Laundering?
If you’ve been accused of money laundering, this is a very serious offence, so it’s essential that you are proactive in immediately seeking specialist legal advice. The complexity of money laundering cases, often including significant evidential and procedural challenges, means it is essential to instruct an experienced POCA solicitor.
You should not attempt to explain yourself to investigators without legal representation, as anything said can later be used against you. At Carson Kaye, our proceeds of crime representatives will carefully guide you through the allegations, advising you on your defence strategy to protect your assets while representing you robustly through investigations or court proceedings.
How Long does a POCA Investigation Typically Last?
The length of a POCA investigation can vary significantly depending on the complexity of the case. Some investigations may conclude within a few months, while others, particularly those involving complex financial transactions, multiple jurisdictions, or large sums, can take several years.
During this time, assets may remain frozen, and there may be extensive information requests and interviews. Seeking legal advice at your earliest convenience can help manage the investigation process and seek to resolve matters as swiftly as possible.
Can Seized Assets Under POCA be Recovered?
Yes – in some circumstances, seized assets can be recovered. If it can be shown that the assets are not connected to criminal conduct or that the seizure was unlawful, it may be possible to challenge the action and recover the property.
Depending on the evidence, applications can be made to vary, discharge, or resist confiscation and restraint orders. It is important to act promptly and work with experienced POCA solicitors to build a strong case for the return of assets.
Can I Lose My Family Home Under the Proceeds of Crime Act?
Under POCA, the family home can be at risk if it is deemed an asset available to satisfy a confiscation order. The court will assess the defendant’s ownership share and the property’s value.
However, third parties, such as spouses or co-owners, may have a right to challenge confiscation if they can prove a legitimate interest in the property. Legal advice is crucial to safeguard family assets and properly represent your interests during proceedings, especially given the stakes in play during POCA cases.
Contact our POCA Defence Solicitors
Don’t wait to seek POCA offences legal advice. Contact Carson Kaye’s specialist POCA defence solicitors today by calling us on 020 8075 4147 or emailing info@carsonkaye.co.uk – one of our team will promptly get in touch.
