​The law surrounding proceeds of crime is inherently complex and is often described as ‘draconian’ because of the powers conferred to the authorities and the limitations placed on convicted individuals. Specialist advice and representation is therefore essential in proceedings commenced under the Proceeds of Crime Act 2002 (POCA).

 

The Financial Crime department at Imran Khan and Partners has an excellent reputation for dealing with cases involving confiscation orders and related matters under POCA.

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Chambers and Partners 2024 guide

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"Imran Khan & Partners boasts a strong POCA team that regularly defends clients in high-value and complex criminal confiscation cases. The team also has strong experience in civil matters, such as AFOs and UWOs."

 

"They are good. They are very defence-minded, with a strong bench."

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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

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The Proceeds of Crime Act is primarily concerned with the confiscation of an offender’s proceeds of criminal conduct, ensuring that they do not profit from their crimes.

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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.  

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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.

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Confiscation Order

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Confiscation proceedings can result in the imposition of a Confiscation Order, which requires the defendant to pay a sum of money. The Order constitutes two figures:

• ‘benefit amount’: amount obtained from their criminal conduct; and

• ‘available amount’: the value of all the defendant’s assets at the time of the order, together with the value of any tainted gifts.

The available amount is the sum to be paid under the Order.

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

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How can we help?

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No matter how daunting the proceedings seem, a robust defence can yield reasonable and favourable results. Our team of expert lawyers have extensive experience in all aspects of proceeds of crime and can help you with:

• Contesting confiscation proceedings;

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

• Challenging applications to increase the available amount in a Confiscation Order

• 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

The proceeds of crime solicitors at Imran Khan and Partners are adept at dealing with matters brought by various law enforcement agencies, including the Crown Prosecution Service, Serious Fraud Office, HM Revenue & Customs and the National Crime Agency.

 

Proceeds of Crime - Enforcement

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In cases where a Confiscation Order is made, the Court grants a time within which the Order is to be paid and a default period of imprisonment is set in the event of non-payment within the specified time.

Our proceeds of crime lawyers routinely represent individuals in all aspects of enforcement proceedings, from making applications to secure further time to make payments, to representation in the Magistrates’ Court for enforcement hearings.

 

Restraint Orders

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A Restraint Order has the effect of freezing assets during a criminal investigation, ring fencing the assets to satisfy a potential confiscation order. Restraint Orders can be financially devastating in a ‘criminal lifestyle’ cases where, for instance, the amount of ‘benefit’ the Order is designed to restrain might be exceedingly high.  

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Our lawyers have extensive experience in robustly challenging Restraint Orders and successfully securing their discharge. 

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How do I pay for my legal fees?

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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.

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How to get in contact

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If you are facing proceedings brought under the Proceeds of Crime Act 2002, do not delay and contact us on 020 7404 3004 to talk about your matter with our team. Alternatively, please email Paul O’Donnell at PaulO@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.

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Rankings

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Paul O’Donnell is a member of an elite group of UK lawyers who have been ranked by Chambers and Partners in the area of ‘PoCA Work and Asset Forfeiture’. 

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 https://chambers.com/lawyer/paul-odonnell-uk-1:25632432 

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