Proceeds Of Crime Act (POCA)
Fraud and Proceeds Of Crime Act / Confiscation Proceedings
The Proceeds of Crime Act can apply if you have been accused of Fraud or Money Laundering Offences or have been convicted of a “lifestyle” criminal offence such as drugs dealing. A prosecuting authority will want to know how you were able to purchase property or how you were able to afford a sports car or expensive holiday
We have advised clients whose assets are in seven figures and have a track record of success in saving the assets of our clients. This is an area that requires expertise together with an aggressive approach and sensitivity to the fact that for the subject client, everything that he or she has earned in a lifetime is under threat.
The prosecuting authorities under the Proceeds of Crime Act have wide ranging powers. They can freeze your assets and bank accounts and those of your spouse or business partner. They can prevent disposals of or the re-mortgaging of property whilst they investigate. Such investigations can take months or even years.
You may be asked to provide a statement under S18 of POCA explaining how you obtained property goods or money. In our experience the first mistake that clients make is to be too vague. This is likely to lead to a court making an adverse inference against you. The onus is upon the person being investigated to provide as much detailed information as possible.
We can assist with:
- Fraud
- Vat and Tax Investigations
- Carousel Fraud
- Mortgage Fraud
- Fraudulent Trading by Company Directors
- White Collar Crime
- Money Laundering
- Drug Trafficking and other “Lifestyle Crimes”
- Internet Fraud
- Financial Conduct Authority Investigations
- Insurance Fraud
- Proceeds of Crime/Confiscation
- Restraint Orders