Proceeds of Crime Act Solicitors

The Proceeds Of Crime Act (POCA) 2002 is a complex piece of legislation, and anyone under investigation or facing trial for a crime covered by the Act is advised to seek legal counsel as early as possible. Investigations can take several months to resolve, and the consequences can be potentially far-reaching, so you need somebody on your side who fully understands the complexities of the situation.

The POCA provides authorities with the power to seize assets known or thought to have been obtained via criminal activity, and the accused must then prove that their funds and assets have been gained legitimately.

Our specialist serious crime solicitors have the necessary knowledge, experience, and tenacity to ensure the outcome of your case is as favourable as possible. To find out more about how we can help you, please don’t hesitate to get in touch and speak to a member of our team today.

Why choose Clifford Johnston?

When facing the daunting complexities of POCA, choosing the right legal representation is crucial. At Clifford Johnston & Co, we offer more than just legal expertise; we provide a partnership that prioritises your legal needs and well-being. Our approach to POCA cases combines deep legal knowledge with a commitment to client-focused service, ensuring each client receives personalised and effective representation.

Our team of specialised POCA solicitors brings a wealth of experience and a proven track record of success, ensuring that your case is handled with professionalism and attention to detail. We understand the critical importance of acting swiftly and decisively in cases involving the seizure of assets and potential criminal charges. Our solicitors are renowned for their comprehensive understanding of POCA legislation, offering robust defence strategies and proactive advice.

Moreover, Clifford Johnston & Co stands out for its transparent and cost-effective pricing, providing access to exceptional legal advice without any hidden costs. We are dedicated to maintaining the highest standards of legal practice, supported by our numerous accreditations, including the Law Society Criminal Litigation Accreditation and the Law Society Family Law Accreditation.

What Is The Proceeds of Crime Act?

The POCA sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power. The Act has two main aims, (i) to curtail money laundering activities and (ii) deprive offenders of the proceeds of their criminal activity.

The POCA allows the relevant authorities, for example the police, to recover criminal assets via search, seizure, restraint, and the freezing of assets. Having the power to confiscate criminal proceeds enables the authorities to prevent criminals from using their illegally gained assets, recover the proceeds, and deter others from committing such crimes.

Money laundering is defined in the POCA as “the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises”.

Money laundering can be broken down into two categories:

• Those who commit offences and then launder the proceeds of those criminal offences. The criminal offences are referred to as “predicate offences”.
• Those whose only criminal involvement is to launder the proceeds of crime committed by others.

Under sections 327-329 of POCA, it is a criminal offence to handle the proceeds of crime in the following ways:

• The concealment of criminal property.
• The possession of criminal property.
• Entering into an arrangement involving the retention, use, or control of criminal property.

The Proceeds of Crime Act reformed the law to include a wide range of offences, which include drug offences, white collar crime, and money laundering, as well as the specific offence of failure to report money laundering within the regulated sector, including banks, financial institutions, accountants, tax advisors, estate agents and solicitors.

If you are facing criminal charges under the Proceeds of Crime Act, our experienced POCA solicitors can help to ensure the best possible outcome for your case.

What Is Regarded As Proceeds Of Crime?

The proceeds of crime or ‘criminal property’ refers to any asset gained via criminal activity, which can include the following things:

• Cash
• Valuable art
• Luxury vehicles
• Stocks and shares
• Intellectual property
• Residential properties
• Commercial properties
• Expensive jewellery/watches

POCA is used by police and non-police agencies to recover the proceeds of numerous crimes, including tax evasion, money laundering, benefit fraud, embezzlement, copyright infringement, drug supply and rogue trading.

How Are The Proceeds Of Crime Recovered?

POCA provides the police and non-police agencies with the power to recover the proceeds of crime in several different ways. The most commonly used methods of recovery include:

• Restraint and freezing orders: The bank accounts and property of anyone under investigation can be frozen at any time during the investigation. The purpose of this is to prevent the assets from being devalued, sold or hidden.
• Confiscation orders: This is an order made against a defendant after they have been convicted, which requires them to pay back a sum of money as determined by the court.
• Cash seizures: This typically arises as a result of people being stopped and searched, or at the business premises believed to be the source of the criminal activity.
• Civil recovery: This allows for assets to be recovered in the absence of a criminal conviction.
• Seizures by Border Force and HMRC: Cash and other property can be seized at the border by HMRC, UK Border Force, and other government agencies.
• Unexplained Wealth Orders (UWO): These came into force in January 2018 to help authorities identify and seize property suspected to have been purchased using laundered funds.

If you have been accused of acquiring money and/or property from criminal activity, we strongly advise you to seek help from an experienced solicitor as soon as possible. Here at Clifford Johnston, our specialist team of Proceeds of Crime Act solicitors will work with you to ensure the outcome of your case is as favourable as possible.

Contact Clifford Johnston’s POCA Solicitors today

If you are currently involved in a POCA investigation, or are concerned about the implications of the legislation on your assets and financial status, please do not hesitate to contact us. Our experienced team is ready to provide you with the support and guidance necessary to achieve the best possible outcome in your case.

We take immense pride in the exceptional criminal law services we offer and the significant impact we achieve on behalf of our clients. Our experienced Stockport and Manchester solicitors are distinguished by their expertise in the field.

Contact us immediately if you have been arrested, called in for an interview, or become aware that you are under investigation. Our skilled criminal defence solicitors are prepared to assist you at every step, ensuring you comprehend your choices while striving for the best possible resolution under your specific circumstances.