Proceeds of Crime Act 2002/Criminal Justice Act 1988/Drug Trafficking Act 1994/Asset Forfeiture/Detention of goods under Customs and Excise Management Act 1979
The Proceeds of Crime Act 2002 sets out new procedures for the State to recover assets representing the proceeds of crime from Defendants in criminal proceedings and from other individuals.
With effect of the 1st April 2008 the operational elements of the Assets Recovery Agency merged with the Serious Organised Crime Agency (SOCA) to become known as SOCA.
Our department contains specialist practitioners in all aspects of the law relating to the above acts. We have considerable experience in dealing with Confiscation, Restraint and Receivership Proceedings before and after the Proceeds of Crime Act 2002.
We advise and represent clients in relation, for instance, to the following:
i) Confiscation proceedings and asset forfeiture
We represent convicted clients facing confiscation proceedings, from the relatively straightforward to the extremely complex. We also advise and represent in relation to appeals against confiscation orders.
ii) Restraint Orders
We advise clients who are subject to ‘pre-charge' restraint orders as well as those whose assets have been restrained whilst they face criminal proceedings. We are experienced at negotiating with prosecuting authorities in relation to variations to restraint orders and also in relation to challenging orders by applying for them to be discharged.
iii) Enforcement proceedings
We represent those facing the enforcement of confiscation orders - including the activation of default sentences - and are used to negotiating with the prosecuting authorities in relation to payment of confiscation orders and dissuading the prosecuting authorities from enforcing.
iv) Cash seizures and applications for restoration of seized cash
v) Dealing with Civil procedures under POCA including property freezing orders and civil recovery issues.
Advising on preparing for interviews under caution, preparation of Trial issues and Trial Procedures in relation to Criminal investigation; including consequential civil procedures involving confiscation, restraint and receivership.
Seizure/Forfeiture/Condemnation and Restoration of goods
We represent clients seeking the restoration of goods seized pursuant to the Customs and Excise Management Act 1979 and associated instruments. Restoration of seized of goods/ forfeiture/condemnation proceedings.
As well as instructing first class counsel - foremost in these areas of the law - we have well established links with leading firms of forensic accountants, tax experts and financial investigators and can draw upon a pool of expertise second to none. We regularly instruct foreign lawyers to look after client's interests in many jurisdictions.
For enquiries relating to the above areas contact Martin Lee, Steve Law, Warren Brazier and Vince Reveglia 020 7842 8600