Civil Recovery of Proceeds of Crime
EBR Attridges’ specialist fraud team has substantial knowledge and skill in defending all applications deriving from the Proceeds of Crime Act 2002 (POCA).
Examples such as Freezing Orders and the less known Civil Asset Recovery allow prosecutors to engage Civil Asset Recovery provisions of POCA and are difficult and complex to defend due to their civil nature.
When prosecutors take civil asset recovery proceedings in the High Court, they will be asking for an order to take back property or money that they believe has been obtained illegally. The prosecutor’s benefit in these types of applications is that most forms of evidence, which would not usually be admissible in the criminal courts, is likely to be admissible and heard here by a presiding Judge. There will be no jury to persuade and the standard of proof is reduced to the ‘balance of probabilities’ and presented before that panel in that way.
Property Freezing Orders are also an additional application that can be put in place by the prosecution. The Crown will use these to prevent you from dealing with your property whilst your case is going through the motions. At EBR Atridge we understand the devastation this type of Order will have on you, your daily life, your family and your businesses and we will work with you to challenge all or parts of the Order.
We know the sorts of issues that you and your loved ones might be facing and we can provide you with all the support you need to protect your interests at home and abroad.
We can also advise on:
- Interim relief (before final orders are made) such as freezing or search-and-seize orders
- Using English evidence in overseas courts
- Asset tracing if necessary
- Cases involving trusts and other offshore structures
- Advise on the above and civil remedies
In these situations it is important always that you get legal advice from experienced lawyers at the earliest opportunity as these applications are fast moving and have strict deadlines which cannot be ignored. Our experts cover a range of related areas and also have an in-depth understanding of the complex investigations looking at various components including offshore banking structures used to hide proceeds of fraud and criminal activity.
We have a team of dedicated, specialist solicitors who have a great deal of experience in handling civil asset recovery proceedings and have and in-depth knowledge of the difficult legal issues involved. EBR Attridge can confidently say we are familiar and versed with the investigatory practices of organisations such as HM Revenue and Customs, National Crime Agency, Serious Fraud Office, City of London Economic Unit, Financial Conduct Authority, Trading Standards and many more as well as the ancillary proceedings before the High Court.
If you are being investigated or prosecuted, please make an appointment to see a specialist fraud Solicitor who can attend upon you by telephone, face-to-face.
