Proceeds of Crime Act

In England and Wales, the Proceeds of Crime Act 2002 gives the authorities the power to seize and recover assets that are believed to be derived from criminal activity. If you are facing proceedings under the Proceeds of Crime Act, it is essential to seek immediate legal advice. POCA proceedings are a serious matter that can lead to the confiscation of assets, even if you have not been convicted of a crime.

At Lostock Legal, we have extensive experience in dealing with POCA proceedings. Our team of criminal defence solicitors specialises in defending individuals who are at risk of having their assets frozen, seized, or confiscated by the authorities. We can provide expert legal representation to help protect your assets and ensure that you receive a fair and just outcome.

What is the Proceeds of Crime Act 2002 (POCA)?

The Proceeds of Crime Act 2002 is designed to prevent criminals from benefiting from the proceeds of illegal activities. The Act allows the authorities to:

• Confiscate assets gained through criminal conduct (known as asset confiscation).

• Seize cash believed to be derived from criminal activity (through civil recovery and cash seizure procedures).

• Issue Restraint Orders to freeze assets while investigations are ongoing.

• Take action against third parties who have received assets from criminal conduct.

The key aim of POCA is to recover criminal assets to make it less profitable for individuals to engage in crime, thus preventing the circulation of illegal wealth.

How Does POCA Work?

POCA proceedings typically follow one of two routes: Criminal Confiscation or Civil Recovery. Both routes involve investigations into the sources of wealth and can result in the forfeiture of assets.

1. Criminal Confiscation Proceedings: This happens when someone has been convicted of a criminal offence. The court will assess whether any of their assets were acquired through criminal activity and may order the confiscation of these assets. This applies to both direct proceeds (money or property derived from crime) and hidden assets.
2. Civil Recovery: Civil recovery is a process in which the authorities attempt to recover assets without the individual having to be convicted of a crime. The authorities must prove that the individual’s wealth was obtained through unlawful means. Civil Recovery Proceedings can involve property, money, or other assets.
3. Restraint Orders: Before a confiscation or civil recovery order is made, the authorities may impose a Restraint Order on an individual’s assets. This is done to prevent the assets from being dissipated or hidden while investigations are ongoing.
4. Cash Seizure: If the authorities suspect that cash is derived from criminal activity, they have the power to seize it under POCA. This can happen at airports, during routine police checks, or as part of a broader investigation.

Defending Proceeds of Crime Act Proceedings

Defending yourself in POCA proceedings can be complex, and the burden of proof is often on you to show that the assets in question were not obtained through criminal conduct. However, there are several potential defences that may apply, depending on the facts of your case:

1. Lack of Criminality: If you can prove that the assets in question were lawfully obtained and not the proceeds of crime, this can form the basis of a defence. For example, if you can show that your wealth came from legitimate sources, such as employment, inheritance, or business dealings, the court may not order confiscation.
2. Innocent Third Party Defence: If you are an innocent third party (such as a family member or business partner) who acquired assets from someone involved in criminal conduct, you may be able to defend the confiscation proceedings by proving that you had no knowledge or reason to suspect that the assets were derived from illegal activities.
3. Undue Hardship: In some cases, individuals can argue that the confiscation of their assets would cause undue hardship, particularly if they rely on the assets for their livelihood or family’s wellbeing. The court may take this into account when determining the extent of the confiscation order.
4. Failure to Establish a Link to Crime: The prosecution must prove that the assets were obtained as a result of criminal conduct. If they fail to establish this link, the confiscation order may be overturned.
5. Value of Assets Exceeds Criminal Benefit: If the authorities try to seize assets that are worth more than the defendant’s criminal benefit, it may be possible to challenge the amount of the confiscation order.

How We Can Help

At Lostock Legal, we understand the complexity and severity of POCA proceedings. Whether you are facing criminal confiscation, civil recovery, cash seizure, or restraint orders, our team of expert solicitors can guide you through the legal process and work diligently to protect your assets.

We offer the following services:

• Expert Legal Advice: If you are facing a POCA investigation or have had your assets frozen or seized, we can provide immediate, clear, and practical advice on how to proceed. We’ll explain your legal rights and discuss the best course of action.
• Challenging Restraint Orders: If the authorities have imposed a Restraint Order on your assets, we can challenge this decision in court to have the order removed or reduced. We will argue that the restraint order is unjustified and unnecessary.
• Defending Confiscation and Civil Recovery Proceedings: If you are facing a Confiscation or Civil Recovery Order, we will investigate the source of the assets and provide a robust defence. We will challenge the evidence and present any relevant factors that may help your case.
• Negotiating Settlement: In some cases, it may be possible to negotiate a settlement with the authorities. Our solicitors will work with you to explore settlement options, including payment plans or partial asset recovery, to achieve the most favourable outcome.
• Appeals: If you have been subjected to a Confiscation Order or Civil Recovery Proceeding, and you believe the decision was unjust, we can advise you on the possibility of appealing the decision. We will assess the legal grounds for appeal and support you throughout the process.