Proceeds Of Crime (POCA) Solicitors

The Proceeds Of Crime Act (POCA) was introduced to UK law in a bid to recoup some of the profit made by criminals following their criminal activities. Although it is most commonly used in financial cases, such as fraud and money laundering, it may be used by the courts and authorities to freeze the assets and seize the cash of a criminal that they believe will attempt to hide the money or sell the assets. POCA cases can be extremely complex, and because of the nature of the freezing and seizure, it means that a failure to contest the charges can leave you and your family without the money you need in order to live on.

Initially, the courts or any of a number of police agencies and authorities may freeze the money in your bank accounts and your assets. This is done to prevent you from being able to see or transfer the property to another person, and the seizure will usually be in force until the end of the accompanying court case. This means that you may not be able to access the vast majority of your money, and the stipend that you are left with may not be enough for you to reasonably live on. It is possible for a lawyer to argue that this amount should be increased.

The courts also have the power to seize any money that they believe has been accrued as a result of criminal activities. The courts seize several millions of pounds every year in this way, and the outcome of the case is legally binding, which means that you can face prison if you are unable or unwilling to pay the money that has been demanded of you. Assets may need to be sold, and interest is usually charged on the total recoverable amount.

If you are due to appear in court and face having your cash or assets frozen or seized under POCA, then it is vital that you act quickly to help ensure that you receive fair treatment. Contact Ashcott Solicitors, who can help with any ongoing case, determine a fair stipend, and help ensure that only a reasonable sum is seized.

POCA (Proceeds of Crime) – Questions we’re often asked

What constitutes the proceeds of crime?

The POCA refers to the Proceeds of Crime Act 2002. It was introduced to increase the power that courts had to confiscate assets connected to criminal activities. 

Prior to POCA, those powers were limited under the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, and the effect of POCA was that there was a massive surge in asset confiscations. It extended the circumstances that courts could confiscate assets, not just to assets gained through criminal acts but also to all assets that can be argued to benefit criminal activity.

Confiscation orders can be made either to the amount that was gained through criminal activity, or the amount that is available. Generally, the lower of the two amounts will be the amount that’s confiscated. In the case that the full sum isn’t paid, it’s possible that a prison sentence will be imposed.

Classifications of the proceeds of crime

Confiscation can happen in a wide variety of circumstances. Prosecutors often look at the defendant’s lifestyle. 

This process will constitute looking for relevant information on the MG3 and MG6 forms, along with any evidence of an excessively lavish lifestyle. Such evidence could include expensive homes, cars, or holidays, evidence that can be garnered from witness statements and custody records.

Lifestyle provisions won’t apply to all cases. Where significant assets are deemed to have been gained from a specific criminal act, they can be sought under confiscation orders. An important thing to consider is that conviction is not a necessary requirement for cash confiscation under POCA. Cash forfeiture comes under civil law, and as a result, only civil standards of proof are necessary.

There are multiple other similar scenarios that could play out alongside or instead of proceedings under POCA. One of these comes under Account Freezing and Forfeiture Orders, or AFFO’s. Under the Criminal Finances Act 2017, law enforcement agencies can apply to the Magistrates Court, an application which will often result in the freezing of UK bank accounts with a balance of over £1000. 

These freezing orders can stay in play for up to two years, or until a successful application is made for a forfeiture order. Freezing orders can have considerable effects on the ability of an individual to continue to live their standard lifestyle, and rapid legal assistance can make a massive difference.

What should you do if you’ve been charged with possession of the proceeds of crime?

Fighting confiscation under POCA is an extremely delicate legal matter. It often involves fighting concurrent civil and criminal proceedings, a legal niche that very few solicitors have extensive experience in. If you’re facing confiscation proceedings under POCA, it’s incredibly important to seek expert legal advice. 

The confiscation of assets or cash can have devastating effects on your business and personal life, and a thoughtfully considered legal defence can make a massive difference.

Call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also contact our team at Ashcott Solicitors via our contact form. We will respond to your message as soon as possible.