Prosecuting authorities have the power to seize and restrain assets, even before bringing any criminal charges. Also, they have the power to seize any cash found during their investigation.
If you are being investigated or prosecuted for fraud, under the Proceeds of Crime Act the authorities may freeze your assets so they can potentially confiscate the profits of any illegal activities. Hodge Jones & Allen have a strong track record of preventing confiscation of assets or reducing the amount seized.
Even if you are found not guilty, these measures can affect you and the people around you, for example your spouse or business partner, as assets can be frozen for a considerable length of time.
Restraint proceedings can freeze property which might later be confiscated. This means you can’t sell or transfer it until the restraint order is lifted. A confiscation order is only awarded following a conviction to ensure that no one benefits from the proceeds of crime. The amount confiscated is determined by the court and depends on how much is thought to have come from criminal activities.
Our reputation in this area of law means we often receive instructions from clients where we were not involved in the original trial. We meticulously examine all the evidence, thoroughly test the Prosecution case, and work with the very best forensic accountants, to defend your case and protect your assets.
Samira Noor Khan dealt with a confiscation where the Crown calculated the benefit figure in excess of £250,000 and the realisable assets at over £113,000. The final order was zero after successfully arguing that our client did not receive any benefit as he simply held the drugs overnight which were then seized by the police before he was paid anything.
Samira Noor Khan recently dealt with a cash seizure of £3.1 million believed to be the largest cash seizure by the City of London Police at the time.
Ruth Harris represented a client who had a large amount of cash seized from her home. The case involved complex legal argument concerning the definition of ‘unlawful conduct’.
Daniel Godden represented a Lord convicted in the Parliamentary expenses scandal in respect of a complex and unusual confiscation hearing relating to the archaic manner in which members of the Lords were paid expenses.
Daniel Godden represented a director of a company in respect of a high profile joint police and HMRC investigation who had been made subject to a Restraint Order. As a result of our submissions the Restraint Order was discharged in full by the Judge and substantial costs were awarded against the CPS.
In addition, members of HJA’s Serious Fraud Team have previously dealt with the following cases:
Successfully overturned a confiscation order at the Court of Appeal, which ran into several million pounds, on the grounds that key work had not been undertaken by the previous firm acting.
Successfully overturned a Financial Reporting Order which had been made for a period of 7 years, as well as reducing the associated Confiscation Order by two thirds.
Successfully argued for the return of cash which had been seized from his client on arrest. Despite securing an acquittal in respect of criminal charges, the prosecution still sought the forfeiture of the cash seized.
You will find our solicitors to be friendly, approachable and highly professional. Contact any member of the team to find out how we can help. To speak to us in confidence, please call our team on 0800 437 0080. Alternatively you can use the online enquiry form and we will call you. If the situation is urgent then we can be reached outside normal office hours on: 07659 111192.
Our Serious Fraud Solicitors are backed by nearly four decades of experience with restraint, confiscation & cash seizure cases. Our legal practice and team of Serious Fraud Solicitors have a strong track record of achieving the best possible results. For expert legal advice use our contact form or call us on 0808 250 6017 today.