Confiscation and Financial Crime
The PoCA and Financial Crime Department (‘the department’) at Imran Khan and Partners, first established in 2012, provides advice and assistance to corporates and individuals across the spectrum of PoCA and Financial Crime proceedings. The department specialises in advising on Serious Fraud matters, Restraint, Confiscation, and Seizure/Forfeiture proceedings and is regularly instructed to conduct ancillary litigation.
The department has been instructed in some of the most complex and significant investigations conducted by the CPS, SFO, NCA, and HMRC in recent times. Recent significant cases include representation of a politically exposed person convicted, with others, of laundering more than £30 million and representation of a finance director convicted, with others, of fraudulently cheating the public revenue out of more than £60 million.
The work of the department is increasingly international, reflecting the increasing sophistication of acquisitive offending and the immediate availability of global financial platforms and products to launder proceeds of crime. The department is experienced in conducting cases with a multi-jurisdictional element and has considerable experience of mutual legal assistance. The department is also experienced in asset recovery and has travelled internationally to assist clients to identify, trace, and recover assets.
The department regularly assumes conduct of PoCA and Financial Crime proceedings from general criminal practitioners and from advertised experts. The department is increasingly recommended as the ‘go to’ for confiscation proceedings within the prison estate and among professional colleagues. The department has observed an increasing awareness of PoCA and Financial Crime specialisms among those under investigation and a notable recognition by client’s and legal practitioners that PoCA and Financial Crime are niche specialisms, requiring subject matter expertise.
The key practitioners in the department are James O’Hara and Paul O’Donnell, both Solicitor Advocates and members of the Proceeds of Crime Lawyers Association. James has extensive experience in PoCA and Financial Crime matters. James is a published PoCA subject matter expert and his book, 'The Confiscation Manual', was published in 2015 by Sweet & Maxwell. James has acted in some of the most important cases in this area of law, including representing Interested Parties in the Receivership Proceedings following Ahmad and Ahmed  UKSC 36 and dealing with disclosure issues arising in Bhadresh Gohil’s confiscation proceedings in line with R v Onuigbo  EWCA Crim 65. Paul has extensive experience in PoCA and Financial Crime matters as a litigator, advocate, and adviser. Paul previously spent two and a half years as a financial crime advisor to one of the largest investment banks in the world. Paul is qualified in several jurisdictions, including as an Attorney in New York State and as a Solicitor in Northern Ireland.
The department at Imran Khan and Partners adopts a strategic and tactically astute approach to PoCA proceedings. The department compliments its in-house subject matter expertise with close and trusted working relationships with leading Counsel as well as a bank of trusted expert consultants. The efficiency and expertise of the department allows a significant percentage of its cases to conclude in favourable negotiated disposals.