We have a specialist fraud and confiscation team which has dealt with some of the most complex confiscation matters in UK legal history. Headed by James O’Hara, author of The Confiscation Manual, the team is able to provide expert advice an representation on all areas of the Proceeds of Crime Act 2002. Our specialist team are able to advise both individuals and companies from the inceptions of any investigation.
We regularly advise clients in confiscation proceedings as well as client’s who have an interest in assets which may be subject to confiscation, together with those subject to Restraint Order, Freezing Order, and Unexplained Wealth Order Proceedings.
If you are made subject to a Restraint Order, it is vital you seek advice at the earliest stage. The Order must be complied with and any breach of the Order is very serious. We can advise you on how to comply with the Order, and where appropriate, we can apply to the court for the Order to be varied to allow you to continue to work, trade, and live, during the investigation stage.
Confiscation proceedings are serious. Should an inaccurate Order be made against you, and you are unable to pay it, you are likely to be imprisoned for a further period, which can be anything up to 14 years. Additionally, the money, together with any interest accumulated on it, will still be owed, ensuring a lifelong inability to obtain any form of credit or mortgage. The law in this area is intentionally harsh. Its aim is to ensure that defendant’s do not benefit from their criminal conduct. However, this can often mean that a defendant is left to demonstrate that their wealth has been obtained legitimately, and to put forward this explanation to the court.
It is therefore imperative that you choose the right solicitor. We have experience of dealing with all types of confiscation proceedings from their inception, all the way through to enforcement and the appointment of Receivers. We accept instructions on matters such as the relatively simple theft from employer to complicated confiscation matters involving corporate bodies with allegations of assets dissipated to different jurisdictions and various bank accounts.