Confiscation & Proceeds of Crime
This is a hugely important subject for defendants but unfortunately, too many lawyers fail to look after their client’s interests.
We are asked to take over a number of cases following conviction but before the confiscation order is made.
This is usually because of the failure of the original lawyers to make any progress in preparing the case for the defendant.
Confiscation Process
The main concerns of the confiscation process include looking at the ‘benefit’ to the defendant and also looking to establish what assets are available to meet an order.
The latter issue can be complex but it is very important to the client to have this argued fully and properly. If the judge finds a figure that is too high, the client is at risk of failing to meet the order and faces imprisonment in default of payment.
If your problem is that an asset belonging to you has been attributed to a defendant facing confiscation proceedings, detention/forfeiture of cash proceedings or a restraint order, then contact us now.
You may have been prevented from dealing with the asset as your own, selling the asset, or even accessing monies in your bank account. You should not delay taking advice.
Proceeds of Crime
Proceeds of crime relates to the recovery of any money that was earned through a criminal act.
Assets bought can also be recovered and seized from a company or individual that bought them with money made through illegal activity, and these assets include cars, jewellery, watches and property.
An order can either be made to make the guilty party recover money, or police can seize cash or assets.
Cash Detention & Forfeiture
Cash detention and forfeiture is an area of increasing interest to the police and customs.
If you have cash on you, it appears you have to prove it is yours and that you came by it honestly.
It is important to remember that the police or customs will need to prove the money came from, or was intended for, criminal activity.
The problem with these types of proceedings is that the cost of legal assistance can be too much.
We can assist with advice on what you need to do to prepare your case and to present it in court.
Freezing & Restraint
It can be a nightmare if you have been implicated in a serious offence and nobody is listening to you when you explain it is nothing to do with you.
Then you are served with an order that has been made against you and possibly your spouse, preventing you from dealing with your assets and limiting what you can spend from your earnings.
You need solicitors like us. We understand the system and can move quickly to sort out the situation so that you can at least get on with your life. We can move quickly and involve our expert barristers, who will be keen to assist you as much as possible.