Asset confiscation/ Restrains, POCA and Civil Recovery Order
The Proceeds of Crime Act 2002 alongside other legislation deprives individuals and companies of assets if they believe it is the proceeds of crime or is to be used in unlawful conduct. However, it is not a requirement to convicted of a qualifying offence for this to take place.
Restrain order is intended to preserve assets that may be later confiscation at a later time. They are usually done during serious criminal investigations such as money laundering, drug offences and fraud. Customs and Excise Management Act gives UK authorities powers to seize goods imported to the UK including the transporting vehicle.
Powers may be used by the Crown Prosecution Service, Serious Fraud Office, a law enforcement police and HMRC, before a criminal trial. The 3rd parties may also be subject to restraint order despite no wrongdoings, such as trustees and family members.
What is a retrains order?
Has the effect of freezing assets worldwide when an investigation is underway. It is
It means you can’t move assets, liquidate then thus allowing for them to be confiscated after confiscation proceedings
Such assets can be frozen for many years.
And it can all be done without notifying the persons concerned.
A restraint order must be complied with, otherwise can be treated as perverting the court of justice. Carrying a prison sentence.
And can extend beyond just the offender to other parties e.g., in the case of jointly-held property.
It can destroy a business and relations
This is where the financial benefits from criminal activities are confiscated following a conviction. The prosecutor may ask for the defendant to pay a sum of money by way of confiscation or face imprisonment. The 3rd parties may also be expected to raise any claims they have to the assets during the proceedings.
Cash detention and forfeiture
Such a proceeding is where an investigating authority such as the police seize cash or cheques.
Our lawyers have a lot of expertise in defending such matters. If you have a restraint order against you or are facing confiscation proceedings following criminal or cash forfeiture proceedings, Mi solicitors can assemble an expert team to defend your case for the best possible outcome.