What is an Account Monitoring Order?

We are receiving a growing number of enquiries from both individuals and companies who have had their personal and/or business bank account(s) frozen by virtue of an Account Freezing Order (“AFrO”). Whilst they are adamant that they have not breached any applicable laws and regulations, in some cases, the relevant authorities may impose an Account Forfeiture Order (“AFO”) in an individual’s or a company’s respect.

In addition, we have started to receive enquiries from individuals and businesses affected by a Crypto Wallet Freezing Order.

Below, we shall examine both of these and some other measures in more detail.

We shall start with another less-known measure that can be used much earlier in a financial crime investigation, specifically the Account Monitoring Order (“AMO”).

What is an Account Monitoring Order?

In the context of a police or National Crime Agency financial crime investigation, an AMO is an order made by a court requiring a financial institution to provide to either the police or the National Crime Agency specific information about a customer’s bank account on an ongoing basis (i.e. provide live information about a customer’s bank account).

The AMO can be used to track information such as transaction details, and it can be implemented for a maximum of 90 days.

AMOs can be made in relation to financial crime investigations, including confiscation, civil recovery, exploitation proceeds and money laundering investigations. AMOs cannot be made in relation to detained cash, detained property investigations or frozen funds investigations.

To grant an AMO, the judge must be satisfied that there are reasonable grounds to suspect that the person is involved in the specific criminal activity being investigated.

An application for the AMO will be made in private in order not to tip off the individual whose bank account is being monitored, and it will not entail the possibility for the affected individual to make representations .

How to challenge an Account Monitoring Order

Once you have become aware that there is an AMO in place against your name, you can apply to the court that issued the AMO for a variation or discharge order.

Given that the AMO indicates a financial crime investigation, it is recommended to seek urgent legal advice to assist with any application to vary or discharge the AMO.

What is an Account Freezing Order and Account Forfeiture Order?

In our previous articles, we have examined in detail the AFrOs, AFOs and the Serious Fraud Office’s use of AFrOs.

What is an Account Freezing Order?

The rise and fall of the Serious Fraud Office’s Account Freezing Orders

How to challenge an Account Freezing Order or an Account Forfeiture Order

What is a Crypto Wallet Freezing Order?

We have also discussed the Crypto Wallet Freezing orders.

Serious Fraud Office secured first Crypto Wallet Freezing Order

Crypto Wallet Freezing and Forfeiture Orders: what do the numbers say?

What does this all mean?

The relevant authorities are increasingly turning to the AFrO and AFO (and their crypto-related equivalents) to disrupt alleged criminal conduct.

Prior to discovering that your account has become subject to an AFrO or AFO, you may have found out that the bank closed your account, which can be an indication of a whole host of other issues.

NAVIGATING FINANCIAL INSTITUTION- RELATED CHALLENGES

What can I do to try and challenge a wrong decision to close my personal and/or business bank account(s)

In the meantime, we are regularly approached by individuals who have been “de-banked” in circumstances where they are adamant that they have always acted in full compliance with the relevant bank account’s Terms and Conditions and all other legal and applicable rules and regulations.

We have previously written about how other issues individuals may face, including account closures, are not limited to political figures in the UK and affect many thousands of lawful individual and business customers every year.  These cases have exposed the difficult balance many financial institutions and their individual and business customers must navigate to gain and maintain access to basic banking services.

To assist those whose accounts have been closed, Gherson’s Financial Crime, Investigations and Regulatory team have previously written blogs titled:

• “Why has my bank account been closed?”
• “Why has my business bank account been closed?”
• “140,000 SMEs “de-banked” last year – why could I have been de-banked?”
• “What are the proposed new laws aimed at preventing de-banking?”
• “Why the proposed new laws to try and prevent de-banking do not go far enough”.
• “Am I entitled to a basic bank account in the UK?”
• “How to challenge crypto-related bank account closures”
• “De-banking and crypto – will the landscape be positively changed by the introduction of new rules for both?”

What can I do to challenge a wrongfully imposed CIFAS marker

In addition, we receive a growing number of enquiries from individuals who feel that a financial institution has wrongly imposed a CIFAS marker in their name.

If you have always acted in full compliance with the relevant bank account’s Terms and Conditions and all other applicable legal rules and regulations, then you should have a good basis to challenge the bank’s decision to implement a CIFAS marker in your name.

A strong challenge will often involve demonstrating through evidence that you have not breached the bank’s Terms and Conditions or any rules and regulations, and that all transactions were at all times fully compliant with all applicable laws and regulations.

In a previous blog we have examined what a CIFAS marker is, and how to get it removed as well as what you can do if a CIFAS marker has been wrongly imposed.

We have also examined the ways to challenge a crypto-related CIFAS marker.

Adverse information on compliance databases

We regularly receive enquiries from individuals who believe that incorrect and/or inaccurate data held about them on compliance databases is having an adverse effect on their relationship with financial institutions, leading to issues such as bank account closures and difficulties in opening a bank account.

We have also written a series of articles on a general overview of the main functions of compliance databases such as World-Check, and explained how to correct information about yourself on such databases.

HOW GHERSON CAN ASSIST

Gherson’s Regulatory, White Collar Crime and Investigations team are highly experienced in assisting clients whose bank accounts have been frozen or closed. This includes submitting a request under data protection legislation, otherwise known as a Data Subject Access Request, to ascertain what information banks and other financial institutions may be holding about our client, and to understand their decision making; and then analysing their response and assisting with any appropriate challenge.

If you would like to speak to us in respect of any of the issues raised in this article or about your specific circumstances, do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on X, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice.  Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position.  Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog.  For formal advice on the current law please do not hesitate to contact Gherson.  Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2026