Asset restraint, confiscation and cash seizures

The Proceeds of Crime Act 2001, Serious Organised Crime and Police Act 2005 and Civil Recovery proceedings give authorities the power to seize and restrain assets including cash irrespective of whether or not you are being prosecuted for an offence. We provide legal advice and representation in relation to confiscation, seizure of assets and cash forfeiture. We have acted for clients who have had their assets restrained under the power of the new legislation.

Proceedings can be brought by the Prosecution, HMRC or the National Crime Agency. The court will be looking at determining criminal lifestyle, criminal conduct, amount recoverable and amount available to recover and the burden will be on the Defendant to disprove the allegation against them.

The powers under the Acts are onerous on individuals and companies and allowing assets to be seized on just the suspicion of criminal activity. 

A Confiscation Order remains in force until has been paid or the court accept that it has been satisfied. You can receive a prison if you do not pay the confiscation order in time and still be liable for the outstanding amount.

We are able to advise you on issues including but not limited to:

  • Benefit Figure;
  • Recoverable Amount Figure;
  • Tainted gifts;
  • Hidden assets;
  • Enforcement proceedings;
  • Appointment of Enforcement Receivers;
  • Default Sentences;
  • Reconsideration of benefit and recoverable amount after a Confiscation Order is made;
  • Certificate of Inadequacy;
  • Discharge of a Confiscation Order;
  • Appeal of a Confiscation Order.
Restraint Orders

If you are a named party or a third party affected by a Restraint Order, we can advise and assist with the preparation of responses, disclosure statements, variation and discharge.

Cash Seizures

With the increased powers given to the Police to seize cash found upon individuals.

How they have acquired them legally. This can affect individuals in particular those investing the UK from Pakistan or the Middle East. We are experienced in the area and work closely with leading barristers in this new area of law.

We are experienced in dealing with complex business models and work with well-regarded expert barristers and forensic accountants to ensure that your case is fully prepared and evidence is challenged in order for you to achieve your objective.

They can take into account the nature of the offence and whether it was part of a course of conduct and for how length is took place. It is important that your case is prepared fully and robustly as this can make a significant difference in the amount that you have to pay.

You should contact us if:

  • You are facing confiscation proceedings
  • Have received a confiscation order and wish to vary it/cannot meet it
  • If your assets are believed to be owned by a third party.
  • If you are a third party affected by a Restraint or Confiscation Order

© Copyright 2019 Makwana Solicitors. All Rights Reserved.

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© Copyright 2019 Makwana Solicitors. All Rights Reserved.

Design & Developed by Vital Concept.