JMW Solicitors has successfully secured the return of over £400,000 to a client following an appeal against an Account Forfeiture Order in the Crown Court.

Jonathon Enston, Partner in JMW’s Business Crime & Regulatory team, led the case throughout the Magistrates’ Court proceedings and subsequent Crown Court appeal, working closely with instructed counsel to challenge the forfeiture of the funds.

How JMW helped

JMW was instructed to represent the client in proceedings brought under the Proceeds of Crime Act 2002 concerning over £400,000.

Following the making of an Account Forfeiture Order in the Magistrates’ Court, Jonathon Enston led an appeal to the Crown Court, instructing counsel to challenge the decision.

The appeal centred on the insufficiency of evidence to establish that the funds constituted criminal property and were therefore liable to forfeiture.

Working closely with counsel, JMW challenged the evidential basis for the order and argued that the statutory requirements for forfeiture had not been established.

The outcome

The Crown Court allowed the appeal and overturned the Account Forfeiture Order in full.

As a result, the client successfully recovered the entirety of the funds held across various bank account that had been subject to forfeiture.

The case highlights the importance of carefully scrutinising the evidence relied upon in forfeiture proceedings and challenging orders where the statutory requirements have not been established.

How JMW can help

JMW’s Business Crime & Regulatory team advises individuals and businesses facing Account Freezing Orders, Account Forfeiture Orders and other proceedings under the Proceeds of Crime Act 2002.

Our specialist solicitors provide advice and representation throughout the proceedings, from initial applications in the Magistrates’ Court to appeals in the Crown Court.

If you are facing the freezing or forfeiture of funds, contact our specialist team to discuss your circumstances and the options available to you.