POCA Solicitors

We have an experienced team of POCA solicitors that can help you fight back against confiscation proceedings wherever you are based.

We have advisors who can explain the options available and help you choose a strategy best suited to your individual needs or the needs of your business.

We understand that this can be a very worrying time and are sensitive to your situation and needs.

The Proceeds of Crime Act 2002 (POCA) allows courts to impose confiscation orders, restraint orders and issue enforcement proceedings in relation to property and assets. If an asset is believed to have been acquired for the benefit of criminal conduct, then potentially it could be confiscated.

The court then looks to find out what assets are held and the value of those assets. A confiscation order can be made for the sum of the benefit of criminal conduct, or the sum of the available amount.

The purpose of POCA is to remove assets that are gained through criminal activity. Often legitimately acquired assets are caught up in proceedings and it is imperative to separate out what is rightly yours.

Free Initial Discussion

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 020 3383 0173 or email us at enquiries@fcos.co.uk and a member of our team will get back to you.

Areas of POCA Expertise

Our solicitors have a deep understanding of all aspects of POCA and can help you through a range of issues such as:

  • Confiscation
  • Forfeiture
  • Freezing Orders
  • Money Laundering
  • Money Restraint / Recovery
  • Unexplained Wealth Orders

Money Laundering

Money laundering is the criminal process of changing the illegal source of money to make it appear legitimate. It normally involves the introduction of illegally gained property into the financial system under the guise of a legitimate company’s assets.

Unexplained wealth orders

In 2018, Unexplained wealth orders (UWO) were created to help authorities identify and seize property that had been suspected of coming from laundered criminal funds. The purpose of the UWO is to determine the root of the wealth and for the authorities to prove that the funds or property have come from a criminal source.

Confiscation Orders

In some criminal cases, the prosecuting authority can apply for confiscation of assets under the Proceeds of Crime Act 2002. The prosecuting authority will state that the person was partaking in a ‘criminal lifestyle’ allowing the court to consider all assets retained from six years prior to the date of conviction.

The Court is then entitled to assume that any transaction within that period is from the proceeds of crime.

We are available to advise and represent individuals and corporate clients that are in the process of having assets confiscated under POCA.

Enforcement

If there has been a confiscation order made in the Crown Court, the Court will make sure that there is a specified time limit and set period of imprisonment, if the payment has not been made in full.

Our expert POCA solicitors can assist you in all aspects of enforcement proceedings such as:

  • Representation at the Magistrates Court
  • Negotiating certificates of inadequacy/variations despite the findings made in the original hearings at Crown Court
  • Challenge appointment of receivers to sell assets
  • Challenge applications for the default sentence to be served

Why Choose us

Using our wide range of legal knowledge and expertise, we have helped many clients with all aspects of POCA. Our approach is to be proactive and work with you to achieve your objectives and deliver successful outcomes as efficiently and promptly as possible.

We can clearly explain the range of legal options available and guide you towards the option which would be best suited for your specific circumstances.

How to Get in Contact

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 020 3383 0173 or email us at enquiries@fcos.co.uk and a member of our team will get back to you.

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