Proceeds of Crime Act / Money Laundering
The Proceeds of Crime Act 2002 (POCA) is the primary piece of legislation which deals with Proceeds of Crime Act applications.
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Proceeds of Crime Act / Money Laundering Offences
The Act allows for enforcement proceedings to be taken by the Police / Crown Prosecution Service (CPS) in relation to property which is believed to have been obtained through criminal behaviour / conduct. This often includes goods or money generated from drug dealing, theft and dishonesty offences and / or financial crime.
Investigations and proceedings relating to POCA are complex. The Act is a draconian piece of legislation with potentially devastating consequences, which can include the loss of your home and personal property. Investigations and / or proceedings can take many months to resolve. In the Crown Court, a timetable will be set which will require you to provide financial information. Failing to adhere to the court timetable or failing to comply with financial orders, will have significant consequences which can result in the imposition of default sentences of imprisonment.
We represent clients in all POCA applications, including Restraint Orders, Cash Seizures and Civil Recovery actions.
Defences
The onus is on you to prove the legitimacy of your assets or money.
We can also assist by making representations to the confiscation unit to reduce the benefit figure and/or the available amount to be recovered.
If you are being investigated or prosecuted for any POCA / Money Laundering offences, please get in touch with our specialist team.