PROCEEDS OF CRIME

PROCEEDS OF CRIME: EXPERT LEGAL ADVICE AND DEFENCE

The Proceeds of Crime Act 2002 (POCA) grants UK authorities extensive powers to investigate and recover assets they suspect are connected to criminal activity. Individuals subject to proceedings under POCA may face severe financial and legal consequences. At Gherson, we provide expert legal advice and a robust defence to protect your rights and assets. Gherson has extensive experience in this area, including representing the individual subject to the UK’s first Unexplained Wealth Order.

WHAT IS THE PROCEEDS OF CRIME ACT (POCA)?

POCA is the UK’s primary legislation for tackling money laundering, asset recovery and confiscation. It enables authorities such as the National Crime Agency (NCA), Serious Fraud Office (SFO) and HM Revenue and Customs (HMRC) to:

• Confiscate Assets: Recover assets derived from or connected to criminal conduct.
• Issue Restraint Orders: Freeze assets to prevent their dissipation during investigations.
• Conduct Civil Recovery: Seize assets without the need for a criminal conviction.
• Enforce Unexplained Wealth Orders (UWOs): Require individuals to explain the lawful origin of assets.
• Enforce Money Laundering Offences: investigate and prosecute individuals for money laundering offences.

HOW GHERSON CAN HELP

Our experienced team provides comprehensive support for individuals involved in POCA proceedings, including:

1. Challenging Confiscation Orders
   • Reviewing the basis of confiscation orders and challenging excessive or unfair claims.
   • Representing you in court to secure the best possible outcome.
2. Restraint Orders and Asset Freezing
   • Challenging restraint orders to secure access to frozen funds or assets.
   • Negotiating with authorities to resolve asset freezing disputes.
3. Unexplained Wealth Orders (UWOs)
   • Advising on compliance with UWOs and preparing robust responses.
   • Challenging unjustified UWOs to protect your reputation and property.
4. Civil Recovery Proceedings
   • Defending against civil recovery claims, ensuring your assets are safeguarded.
5. Strategic Defence
   • Building a tailored defence strategy to address allegations under POCA.
   • Ensuring procedural fairness and challenging investigative overreach.

YOUR RIGHTS UNDER POCA

When facing proceedings under POCA, it is crucial to understand your rights:

• Access to Legal Advice: You have the right to seek expert legal representation at every stage, including pre-charge and at interview.
• Fair Treatment: Authorities must act proportionately and within their powers.
• Appeals: You can challenge decisions, including freezing and confiscation orders and UWOs, through appeals or judicial review.

WHY CHOOSE GHERSON?

1. Specialist Expertise: Our team has extensive experience handling complex POCA cases, including:
2. POCA and Money Laundering:
   • Being instructed in relation to the UK’s first UWO and successfully defending that UWO for over five years before negotiating a settlement whilst successfully defending her in a request for her extradition from her home state.
   • Being instructed in respect of a multi-million pound account freezing/forfeiture proceedings against an individual residing in the UK with their family.
   • Advising multiple clients who found their accounts made subject to account freezing orders further to allegations that there was reasonable suspicion that the funds deposited were the proceeds of crime.
   • Advising in relation to account freezing orders and associated civil forfeiture proceedings.
   • Advising individuals in relation to cash forfeiture proceedings.
3. Account Freezing and Forfeiture Orders:
   • Advising two individuals who found their accounts made subject to account freezing orders further to allegations that there was reasonable suspicion that the funds deposited were the proceeds of crime. This complex case spanned multiple jurisdictions and required a technical understanding of a relatively novel area of law.
   • Advised two HNW individuals whose various accounts were made subject to account freezing orders due to allegations in a separate jurisdiction.
4. Tailored Strategies: We provide bespoke advice and representation to meet your specific needs.
5. Proven Results: We have successfully defended clients in high-profile asset recovery and confiscation cases.
6. Global Reach: Expertise in cross-border cases involving international assets and jurisdictions.

RECENT SUCCESSES

• We successfully challenged a confiscation order under POCA, significantly reducing the amount owed by the client.
• We represented an individual subject to a UWO, resulting in the order being overturned.
• We defended a HNW individual in a multi-agency asset recovery case, safeguarding their property portfolio.

WHEN TO SEEK LEGAL ADVICE

If you are subject to POCA proceedings or suspect that your assets may be targeted, seeking legal advice early is critical. Immediate support can help:

• Protect your rights and assets.
• Challenge excessive or unjustified actions by authorities.
• Build a strong defence to allegations of financial wrongdoing.

CONTACT US

If you are facing proceedings under the Proceeds of Crime Act or need advice on asset protection, contact Gherson today. Our expert team is ready to provide strategic legal support and defend your interests.