If you have been convicted of a crime that can lead to confiscation you need expert confiscation, Proceeds of Crime Solicitors.
Commonly, once there is a conviction (ie: after a trial or a guilty plea) the prosecution will seek a Confiscation Order. A Confiscation Order does not always only affect the individual in question and we are regularly instructed to act for connected third parties too.
Our Criminal Law Solicitors in Leeds are experienced in dealing with confiscation cases from the initial application through to enforcement.
In certain offences, the prosecution can say that your assets are a result of a criminal lifestyle and can apply to the court to confiscate them. This can include your home, cars, and bank accounts. If you do not have the funds to pay the order then you can be sent to prison in default of payment and still owe the money in addition.
At Whiterose Blackmans Solicitors we have expert crime solicitors who are experienced in dealing with cases involving confiscation orders under the Proceeds of Crime Act 2002 (POCA). We are often asked to take over cases after a conviction so that we can deal with the confiscation proceedings. Our reputation in this area is growing and we are often recommended by those we are already representing. We have experience in civil liberties matters and human rights.
Businesses and individuals can both be affected by the Restraint provisions of the Proceeds of Crime Act.
These restraint provisions can include:
Our Criminal Law Solicitors are experienced in advising on the following:
Civil recovery proceedings are usually brought when a prosecuting agency believes that an individual or a company has assets that were acquired through criminal conduct but does not have enough evidence to bring a criminal case against them.
Civil recovery proceedings can also be brought even where a defendant has been previously acquitted in the Crown Court.
As these are civil proceedings there is no requirement for a jury to be satisfied beyond reasonable doubt but merely for the court to be satisfied on the balance of probabilities that the assets are the proceeds of crime. We can assist with analysing the evidence, collating evidence to enable us to negotiate with the investigating authority. We have an extensive pool of experts to assist if required.
When a Confiscation Order is made in the Crown Court, the court will direct that this is paid within a specified time limit and set a period of imprisonment in default if this is not paid on time and in full. If a Confiscation Order has not been paid, in whole or in part, Enforcement Proceedings can be initiated in the Magistrate’s Court.
Our Solicitors can assist in all aspects of Enforcement proceedings, including:
Restraint and Confiscation Orders and Enforcement Proceedings can impact innocent third parties in some circumstances too. Our Solicitors are experienced in acting for third parties in all aspects of restraint and confiscation.