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For expert advice or immediate legal representation anywhere in the UK regarding the Proceeds of Crime Act (POCA), call Slater and Gordon Lawyers on freephone 0800 916 9052 or contact us online.
Our specialist team of Business Legal Services Solicitors help people affected by the seizure of goods or property under the Proceeds of Crime Act (POCA), and people on the fringes of investigation or proceedings under the Proceeds of Crime Act.
Our clients are generally family, friends and business associates of a person who is under investigation or prosecution.
Such third parties are generally affected by:
1. Restraint Orders
2. Enforcement of Confiscation Orders.
Where a Restraint Order or Freezing Order is obtained by the prosecutor from the Court in relation to a person who is under investigation or is being prosecuted, that Restraint Order will immediately freeze that person’s assets.
It will often include assets which are owned by the person under investigation jointly with family members or business associates, or owned by companies connected with them.
We assist those third parties in negotiating the release of third party assets which might be affected by the Restraint Order.
Such third parties can apply to the Court for a variation or discharge of the Restraint Order, supported by evidence.
If you believe that you are an innocent party affected by a Restraint Order and require legal advice or assistance:
Confiscation Orders may be made in relation to a person after there has been a conviction.
The idea of a Confiscation Order is to enable the prosecutor to recover from a defendant the proceeds of criminal activity.
The Confiscation Order will impose on the defendant an obligation to pay a sum of money that reflects the benefit the defendant is found by the Court to have received from his criminal conduct.
The prosecutor may apply to the court to appoint an enforcement receiver, who is empowered to sell property of the defendant in order to satisfy the Confiscation Order.
Once again, any innocent third parties (who may own property jointly or otherwise with the defendant) may apply to the Court regarding their interests in the property.
The idea is to allow their ownership of the property to continue or to enable them to obtain their share of the sale proceeds.
This involves demonstrating to the Court that those third parties did not acquire their interests in property owned jointly with the defendant, by way of a gift from the defendant or in any other way connected with the proceeds of crime.
If you are an innocent party affected by a Confiscation Order and require legal advice and representation:
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in Newcastle, London, Manchester, Ashton-Under Lyne, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.