Confiscation and Financial Crime

The law surrounding confiscation is inherently complex and proceedings can often be protracted in nature, causing significant damage on an individual’s business or family members who are affected by them. It is therefore essential to secure specialist advice and representation.

The Financial Crime department at Imran Khan and Partners has an excellent reputation for advising clients facing confiscation proceedings under the Proceeds of Crime Act 2002.

Free Initial Telephone Discussion

 

For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com and we'll be in touch shortly. We can help clients wherever you are based across England and Wales.

 

We are available 24 hours a day, 365 days a year.

 

If you require urgent assistance, please contact us on our emergency number on 07738 802993.

 

Confiscation Proceedings:

Confiscation proceedings commence when an individual has been convicted of an offence and the prosecution advance submissions that the offence(s) involved constitute a ‘criminal lifestyle’ under POCA.  

In many cases, the court must assume that the defendant led a ‘criminal lifestyle’, and therefore any property held, transferred or acquired in the six years before the case started is assumed to be proceeds of crime. It is up to the defendant to disprove the assumptions, or show that it would be unfair to make those assumptions.

Confiscation Order

Confiscation proceedings can result in the imposition of a Confiscation Order, which requires the defendant to pay a sum of money.

Confiscation orders are concerned with the confiscation of the value of an individual’s proceeds from the offences of which they have been convicted, and not the actual proceeds themselves. Therefore, once the court has determined the amount by which the defendant has benefited from his criminal conduct, all assets in which he has an interest, whether legitimately acquired or not, are vulnerable to confiscation, up to the amount of the benefit.

Individuals who fail to obtain specialist representation stand to lose all their assets to a Confiscation Order.

Confiscation Procedures:

Many important procedures relating to confiscation proceedings are described as the sections of the Proceeds of Crime Act 2002 to which they relate.

Statements

Before any Order is made, the Defendant may be required to first provide a statement of information (Section 18 Statement), to outline the extent of assets available to them. The Prosecutor is required to provide a statement of information outlining their case against the Defendant (Section 16 Statement), to which the Defendant can reply (Section 17 Statement).

A third party who has an interest in assets subject to confiscation proceedings has a right to be heard, pursuant to Section 10A. The Court may order the third party to give information (Section 18A Statement) to assist in determining the extent of their interest.

Reconsideration

Where a Defendant’s benefit under the Confiscation Order is larger than their available amount, in certain cases, the Prosecution can make an application to the court to re-consider the available amount, up to the total value of the benefit (Section 22 application). The court then has a discretion to order a further payment from the defendant.

It is also possible for a Confiscation Order to be varied in the other direction, where the Defendant can show they do not have enough assets to pay the Order in full. In these circumstances, a Section 23 application can be made.

 

How can we help?

Our team of expert lawyers have extensive experience in all aspects of confiscation and can help you with:

  • Contesting confiscation proceedings;

  • Challenging a Confiscation Order by way of an application to vary or discharge it;

  • Challenging Section 22 applications

  • Representing third parties, such as spouses or other family members, with an interest in property subject to confiscation proceedings;

  • Appealing the outcome of confiscation proceedings; and

  • Defending applications for the appointment of an enforcement receiver

 

How do I pay for my legal fees?

Please contact us to discuss your circumstances and possible funding options. If you do not have the finances to pay for legal advice, you may be eligible for Legal Aid funding.

How to get in contact

If you are facing confiscation proceedings, do not delay and contact us on 020 7404 3004 to talk about your matter with our team. Alternatively, please email James O’Hara at jameso@ikpsolicitors.com

We are available 24 hours a day, 365 days a year.

We can assist wherever you are based and have offices in central London.

Rankings

Our confiscation lawyers are recognised as specialists in this field.

James O’Hara and Paul O’Donnell are members of an elite group of UK lawyers who have been ranked by Chambers and Partners in the area of ‘PoCA Work and Asset Forfeiture’.