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Proceeds of Crime

Proceeds of Crime Investigations

“Market-leading defence practice handling the full spectrum of POCA and asset forfeiture matters.”

Chambers UK

The Proceeds of Crime Act 2002 (“POCA”) provides a broad range of powers to the police (and other law enforcement authorities) to block, freeze, restrain, or seize assets on the basis of their connection with alleged offences or offenders. These powers fall broadly into two categories, criminal confiscation and civil recovery.

Confiscation under POCA is aimed at making orders against convicted offenders to pay a sum equivalent to the benefit they have obtained from crime. To make this more effective, POCA also enables the Crown Court to make a Restraint Order over a suspect’s available assets, and/or to appoint receivers to manage those assets. Importantly, the definitions of benefit and assets under this part of POCA are extremely broad, which means that suspects and third parties can be at risk of losing their homes, bank accounts, and other assets, even those with no connection to crime.

Civil recovery under POCA is a system for seizing and forfeiting assets on the basis that they are or represent the proceeds of crime (without a conviction), and includes a system at the magistrates’ court dealing with cash (again very broadly defined, for instance to include cheques) either on that basis, or because it is intended for use in crime.

BCL provides expert advice to individuals and businesses whose assets are threatened by these regimes, including third parties in possession of cash or other assets under threat. In many cases there will also be a need for advice on the related areas of Money Laundering and/or Anti-Money Laundering.

Related articles:

So Your Bank Blocked Your Account: Why It Happens, and What to Do About It

Restraint Orders: What To Do When Your Assets Are Frozen

Contact Us

  • +44 (0)20 7430 2277
  • law@bcl.com
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Richard Sallybanks

Partner
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John Binns

Partner
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Shaul Brazil

Partner

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The UK is well known for having one of the most onerous anti-money laundering (“AML”) regimes in the world, thanks to a combination of the very broadly worded criminal offences under the Proceeds of Crime Act 2002…

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The Proceeds of Crime Act 2002 (“POCA”) creates a set of very broadly defined money laundering offences, which are increasingly alleged by the police (or other law enforcement authorities, such as the FCA, HMRC, and the SFO) either in addition to other offences or in their own right…

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Contact Us

  • Tel: +44 (0)20 7430 2277
    Fax: +44 (0)20 7430 1101
  • law@bcl.com
  • 51 Lincoln's Inn Fields
    London WC2A 3LZ

    DX 37981 Kingsway

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