Confiscation and Asset Recovery

The Proceeds of Crime Acts is concerned with the confiscation of the proceeds of crime. Its legislative purpose is to ensure that those convicted do not profit from their crimes and the act sends out a strong deterrent message to that effect.

The Act aims at depriving offenders of their proceeds of criminal conduct and to punish convicted offenders to deter the commission of further offences and to reduce the profits available to fund further criminal enterprises. The Crown court no longer has any discretion to mould the confiscation order to fit the facts and the Justice of the case and consequently there are difficulties encountered when applying the POCA’s strict regime . Essentially there are two general features which are central to the process depending on whether someone is treated as having a criminal lifestyle or is not treated as such.

EBR Attridge are able to advise in respect of the powerful weapons available to the prosecuting authorities in restraint and confiscation cases and in particular:

  • Restraint proceedings and management receivership
  • Registration & enforcement of Overseas Restraint Orders
  • Advice on Investigations into Criminal proceeds
  • Money laundering
  • Civil recovery of the proceeds of unlawful conduct
  • Confiscation proceedings
  • Cash forfeiture, asset forfeiture, cash seizure & and detention of cash
  • Incompatibility with Convention Rights and Council Framework Decisions
  • Enforcement proceedings

We regularly deal with the Financial Service Authority (FSA) the Crown Prosecution Service (CPS) and the Serious Organised Crime Agency (SOCA). At EBR Attridge we have a specialist team of solicitors dealing in Confiscation and Asset Recovery who have represented and continue to act in some of the most complex and high profile criminal prosecutions brought in relation to this detailed and complex area of law.

If you are being investigated or prosecuted, please make an appointment to see a specialist Solicitor who can attend upon you by telephone, face-to-face or online.

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Latest news

Confiscation-Money for Old Money

 2nd Jan 2018

Confiscation –Money for Old Money   If you were able to listen in to a conference between client and solicitor, you might hear an exchange a little like this one:   'What am I looking at?'  ... Read more

A Taxing Problem

 20th Sep 2017

A Taxing Problem For Business Change Ahead The main provisions of the Criminal Finances Act 2017 come into force on 30th September 2017, and there are important things for a business to know. New Provisions While tax... Read more

Latest case studies

R v H [2012] Croydon Crown Court - This was the penultimate case in a string of HMRC frauds perpetrated and conducted by the primary group who had went about setting up this particular case. As a result of a breakdown in financial negotiations the secondary group attacked the self-assessment income tax return electronic system resulting i... Read more
R v S and Others [2013] Wood Green Crown Court - The defendant along with 6 others was arrested, charged and faced trial for their part in a large scale operation conducted by the Serious Crime Directorate. Following years of investigation in respect of one lead defendant and months of investigation involving the remaining ‘top tier... Read more

Conspiracy to Steal

 Dec 2016

R v Y and Ors [2014] Southwark Crown Court-The defendant was charged with Conspiracy to steal and was one in a series of trials involving the organised and systematic attack on national banking houses by use of KVM device technology. The defendant along with others was alleged to have been part of a team that systematically attacked, by w... Read more