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.
Below are some of our common confiscation and asset recovery services