Proceedings Under the Proceeds of Crime Act 2002
Criminal Law Specialists
We have an immense amount of expertise dealing with an array of offences under this Legislation commonly referred to as Money Laundering offences. In particular we are extremely experienced in dealing with cash detention/forfeiture applications and confiscation proceedings. This is a specialised area bearing in mind that the police commonly seize cash during criminal investigations which often result in no prosecution being brought against the individual(s) concerned. However, under the powers of the Proceeds of Crime Act 2002 the police can refuse to return cash seized on the basis that civil proceedings can be brought in the Magistrates' Court for the forfeiture of the seized monies.
Tactical considerations need to be at the forefront of one's mind when formulating advice to a prospective client as there are also complex rules of evidence and procedures to be adhered to. Similarly we routinely deal with advising clients on onerous Restraint Orders which have been served upon clients thereby freezing their assets. We advise on such matters and deal with applications to vary/discharge the Restraint Orders. Furthermore, we regard ourselves as experts in the field of Confiscation Proceedings for example advising clients and their partners on their respective rights when the prosecution are attempting to confiscate assets such as the matrimonial home/joint property. We have successfully challenged and reduced POCA orders by millions over the years.
Notable Criminal Cases
Over the years, we have been instructed in many of the most serious and complex criminal cases throughout the country. Due to our vast experience and knowledge of the law, we have been able to challenge cases to the highest courts in the country including the House of Lords (now the Supreme Court). Below is a selection of our notable cases.
R v GPP
This was a complex investigation and subsequent prosecution brought by the Serious Fraud Office (SFO). Our client was an architect charged with Conspiracy to Defraud involving six construction projects. At the time, the trial was thought to be the longest in British history.
R v J and DS
A two-year operation which took investigators to Hungary, Portugal, Spain, Slovakia, Austria and France as they pursued the gang for flooding the Midlands with £35m contraband cigarettes. In total 18 people were charged. Our client was acquitted of all charges.
R v C
This was a complex international money laundering case involving Hundi/Hawala banking. The prosecution alleged that millions of pounds were laundered via Dubai and Pakistan. The defence necessitated detailed enquiries by travelling to Karachi, Lahore and Islamabad. This followed a bail application which was successful in our clients release from custody.