Proceeds of Crime Act (POCA) Solicitors

If you are looking for specialist legal advice relating to the Proceeds of Crime Act 2002 (POCA) and asset forfeiture, our expert lawyers are leaders in their field and can assist individuals and businesses in relation to any POCA matter.

The POCA lawyers at JMW can provide you with the advice you need.  Whether you are an individual facing a restraint order, confiscation order, are concerned about having assets seized, facing enforcement proceedings, or you are an interested third party in the proceedings, we offer comprehensive legal services throughout the process to protect your interests.

Our specialist POCA lawyers provide a first-class service to those facing proceedings under POCA.  Our specialist knowledge extends to providing POCA advice at the initial stages of an investigation where accounts and assets may be restrained or frozen and finances are being investigated. Our lawyers also act for individuals and companies who are the subject of account freezing orders, crypto wallet freezing orders and forfeiture orders. 

We have extensive knowledge of this area of the law and a track record of success in varying or discharging a restraint order, securing large reductions in confiscation orders, defending against hidden assets orders, protecting third party interests in assets and varying or discharging account freezing orders or crypto wallet freezing orders.

To speak to an expert lawyer if you are facing POCA proceedings, contact JMW today by calling 0345 872 6666, or fill in our online enquiry form to request a call back at your convenience.

Our Expertise

• Account Freezing Orders
• Crypto Wallet Freezing Orders
• Unexplained Wealth Orders
• Restraint Orders
• Cash Seizure Recovery
• Confiscation Proceedings
• Third Party Interest Applications
• Variation of Confiscation Orders
• Confiscation Enforcement 

What Is the Proceeds of Crime Act 2002?

POCA criminalises the use of any property - such as money, shares and goods - that has been obtained through criminal conduct. For example, this could include tax evasion, fraud,  bribery or a benefits received as a direct result of failing to comply with UK law. It creates seizure and search powers that enable UK law enforcement agencies to either restrain or freeze suspected criminal assets (otherwise known as recoverable property). If they are found to be the proceeds of a criminal offence, authorities can recover assets or funds after the person or business that owns them is convicted or a forfeiture order is made.

There are several powers that can be used under POCA for the investigation, enforcement and confiscation of funds that are deemed to be proceeds of crime, and it is not only the police that use them. Government bodies like HM Revenue and Customs and the Serious Fraud Office can also utilise these powers, and it is important to seek specialist legal advice from an experienced lawyer if you are facing an investigation of this type.

How JMW Can Help

At JMW, our specialist POCA solicitors are leading experts in providing a range of services relevant to criminal and civil investigations and prosecutions. From the initial investigation to the final hearing or appeal, we can represent your interests and uphold your rights during the entire legal process and give you the best chance of a successful outcome. We can support you in any and all of the following ways:

Account Freezing and Forfeiture Orders

Civil recovery proceedings are often pursued when the prosecution does not have sufficient evidence to bring a criminal case but believes that an individual or company has assets that were acquired through criminal activity.

We can assist two different types of client:

• Individuals or corporate clients facing civil recovery proceedings
• Complainants seeking the recovery of assets by using the civil recovery process

We have a specialist team who are experts in advising on account freezing and forfeiture orders.

Crypto Wallet Freezing Orders

Similar to Account Freezing Orders they are civil recovery proceedings which are used when the Prosecution does not have the sufficient evidence to bring a criminal case but believes that the individual or company has cryptoassets which have been acquired through criminal activity and freeze the wallet they are contained in.

Our specialist team are experts in advising on crypto wallet freezing and forfeiture orders.  We utilise our comprehensive understanding of your specific situation and pair this with our expertise in relation to the civil recovery regime under POCA.

Unexplained Wealth Orders

Unexplained Wealth Orders (UWO) came into force in January 2018 to help authorities identify and seize property suspected to have been bought by laundered criminal funds, most commonly from foreign sources.

Restraint Orders

If the relevant grounds exist and there is a real risk that recoverable property will be dissipated, law enforcement will often apply for a restraint order. This legislation, commonly applied by the CPS and Serious Fraud Office, can leave individuals unable to access their own cash to pay for a legal defence.

These orders can be financially devastating for businesses and individuals, but applications can be made to release funds to ensure a business or household is kept running.

We have broad experience in dealing with restraint proceedings. We have worked with individuals and businesses with assets totalling millions of pounds, in both the UK and overseas.

Our services include:

• Applying for the release of restrained funds to maintain income
• Assistance with repatriation of assets
• Payment of specific debts
• Dealing with management receivers appointed to preserve restrained assets
• Applying for variation and discharge of restraint orders
• Advice on corporate recovery or liquidation
• Preparing statements required by the court

Cash Seizure Recovery

If the prosecuting authorities reasonably suspect that cash discovered during a search is to be used for unlawful conduct or is the product of criminal activity, the money can be seized pending an investigation and a possible application for forfeiture.

In order to secure your cash back, it must be proven using the balance of probabilities that the money is not going to be used for criminal activity, and that it was not procured through illegal activity.

Early advice is absolutely vital in cash seizure cases and we often represent clients in two aspects of these proceedings:

• Applications for the return of cash on behalf of individuals from whom the cash was seized
• Intervening on behalf of individuals or corporate clients claiming ownership of cash seized from another individual or associated premises

By acting quickly and taking the right approach, we have often been able to recover funds that were seized before any court proceedings were taken. While it can be difficult to challenge evidence in these circumstances, we will remain committed to demonstrating your innocence and recovering your money. Examples of cases in which we have acted include:

• A case where £8,000 was seized from a magistrate. The money was returned once we made representations at the investigation stage
• Money was seized from a driver who had been given £14,000 as petty cash to look after overseas business clients. Our team was able to get the cash back without the need to defend an application for forfeiture
• Officers from the Asset Recovery Agency raided our client’s business and seized computers, documents and a large amount of cash. We successfully challenged the applicant’s forensic evidence regarding traces of drugs on the money and produced expert evidence regarding the need for this level of cash in the business. The money was returned and no charges were brought

Confiscation Proceedings

During criminal proceedings the prosecution will sometimes put forward an application for the confiscation of assets under the Proceeds of Crime Act 2002.

We act on behalf of both individuals and business clients who have had their assets confiscated or are facing confiscation proceedings. A heavy burden of proof is placed upon a defendant and discharging that burden requires careful advice and expert preparation of the case.  If not undertaken, this can be costly to the client. 

The defence of most confiscation proceedings begins with the preparation of a statement detailing the client finances.  This is called a Section 18 Statement and will set out the following:

• The identification of assets owned or controlled by the client
• The location of those assets
• If possible, the value of each asset

The prosecution responds by alleging the value of the criminal benefit and will often challenge the ownership or value of the assets. The defence response to those allegations usually require complex legal arguments. We bring litigation challenging the ownership of assets, which often involves the use of comprehensive evidence from independent experts, forensic accountants and the detailed analysis of evidence from our expert lawyers. 

If your case involves hidden assets, it is vital that you work with highly experienced and knowledgeable lawyers who can help defend against it.  If this isn’t responded to effectively, clients can be at risk of a prison sentence. 

Acting in confiscation proceedings often involves proving a legitimate audit trail, securing assets where they have not already been restrained or frozen, and sometimes arranging for the repatriation of assets to the UK.  Our skills in this area of law are comprehensive and we can also act for interested third parties who need to intervene in confiscation proceedings in relation to assets which have been included in the proceedings.

Third Party Interest Applications 

Assessing a third-party’s interest in an asset involved in POCA proceedings is complicated.  Our expert lawyers can help navigate third parties who are both individuals and companies through the process and provide specialist advice on calculating financial interest, preparing detailed statements, and defending any interest at Court.  

Our expert lawyers have a wealth of knowledge and experience in acting for interested third parties in POCA proceedings and are here to help protect assets included within them.

Variation of Confiscation Orders 

If you have previously faced confiscation proceedings and you receive a letter from law enforcement that you have further assets now available to pay your confiscation order.  Our specialist lawyers can advise and defend against such applications.  

Law enforcement have powers under Section 22 POCA to increase your confiscation order after the proceedings have concluded.  Examples include when you have money in your bank account or law enforcement think you own a property.  Our specialist lawyers have a track record of success in defending against and reducing these orders. 

If you have finished your confiscation proceedings and your assets haven’t sold for as much as you had hoped, our expert lawyers can use powers under Section 23 of POCA to reduce your confiscation order. 

It is essential you have lawyers on your side who have the expertise to assist with these variations.  The risk of not doing so can include extra time in prison, interest accruing on the amount outstanding and financial penalty orders. 

Confiscation Enforcement

Once a confiscation order has been made, individuals initially have only 3 months to pay.  This can be extended by a further 3 months to 6 months in total.  You should seek advice from one of our expert lawyers as the timing of the application to extend your time to pay is absolutely crucial and if not submitted correctly can result in interest accruing and extra time in prison. 

Defending confiscation enforcement proceedings is very complex and can often link to other areas of legislation. Cases can involve people, assets or companies across the UK and other jurisdictions. All of our expert lawyers appreciate this and have the comprehensive knowledge to tackle even the most intricate cases, reducing the risk of you serving time in prison.  Our expert lawyers can defend you in the Magistrates Court and work with you to reduce the risk of a default sentence being imposed. 

Why Choose JMW?

If you are suspected of owning criminal assets or are at risk of having assets seized, it is vital to secure legal advice. A solicitor can represent you during an investigation or any Magistrates' or Crown Court proceedings that follow, and there are often legal steps you can take in response to orders made to retain possession of your assets. These options depend on your circumstances, but the team at JMW is committed to investing the time it takes to fully understand your situation and represent your interests.

As POCA specialists, the team can:

• Can advise on POCA and confiscation at the earliest stages of an investigation; 
• Can advise on making the appropriate applications to vary orders;  
• Can advise and defend against applications by law enforcement to increase your confiscation order years later;
• Provide third parties with the advice they need to have their interests in assets heard;
• Can handle the sale of any asset, including a business/company as a going concern;
• Has specialist conveyancers and corporate lawyers who have dealt with the sale of restrained assets;
• Has facilitated the sale of assets from domestic properties to multi-million pound companies;
• Understands the issues and the procedural requirements;
• Has a good reputation and relationship with law enforcement agencies

If restraint or confiscation orders have been made, our experienced POCA solicitors will guide you through the sale of the assets in question and will be available to provide legal advice and guidance throughout the legal process. Because we respect you, we will always be honest with our assessment of your case.