Proceeds of Crime – The law and impact
December 2002, That was the date that our current standard draconian laws that granted officials the right to seize assets came into existence. It was publicised as the Proceeds of Crime Act 2002 and it arrived with a tempest of authoritarian power laid down and enforced by the government aimed at confiscating the assets of those suspected of wrongdoing, it became no longer a requirement for a perpetrator to be convicted of an offence before this legislation can come into effect.
Money laundering itself is classified under the Drug Trafficking Offences Act of 1986, directly relates to the proceeds of drug trafficking.
Proceeds of Crime Act 2002.
Upon its inception, the Proceeds of Crime Act (2002) not only updated but helped reform the provisions of money laundering. We have a responsibility to effectively advise clients and third parties who are governed by a government-issued restraint order before any charges are imposed.
Our job is to assemble an expert defence, led by a team of experts to fulfil the necessary requirements of the individual’s case, this can include Information technology specialists, forensic and digital accountants or tax specialists. In the case of more prolific cases, this can include some of the country’s premier QCs in order for us to guarantee you the most relevant and expert defence.
This can be a significant factor when laying out our offence against what the Crown will deem to be the ‘ benefits of a criminal lifestyle’ value and aid in reducing the ‘amount available’ figure.
Our team of specialists have exceptional experience in defending both complex and large scale examinations of serious financial and business crime.
This can ordinarily include investigations by several regulatory bodies such as HM Customs and Revenue, The Organised Crime Agency, Financial Services Authority (FCA), Serious Fraud Office and can inevitably include police investigations.
We do this through the use of the most cutting edge techniques to help pinpoint the key issues for you in a clear and concise manner as well as to draw attention to the inconsistencies and vulnerability in the Crown’s case.
We have been privy to being involved with and in defence of some of the most high profile cases in this country in recent memory. We have the expert knowledge to frequently deliver and exceed expectations which set us out from the rest. We are relentless in our pursuit of favourable results for our clients.
Do not wait to be apprehended, you need to tackle this head-on, get in touch with us at the moment you believe you are in any form of trouble. In certain cases where we are successful in convincing the crown to not prosecute but to deal with the issue as a civil matter.
We are proud affiliates of the UK Proceeds of Crime Lawyers Association which was founded in 2008, in order to promote and cultivate the transfer of knowledge, teaching and education in all subjects relating to the application of law involving the profits of criminal conduct.
Proceeds of Crime? What Can Happen
Confiscation is sought by the Crown following a conviction where there has been ‘financial profit’ or an alleged ‘profit from criminal conduct’.
The prosecution can go back 6 years following prosecution – and will serve on the cited what is known as the ‘red book’. The courts now have enormous power to restrict, seize and relinquish assets controlled by companies and individuals. Mere ownership of a large cash sum creates an assumption that a crime has been perpetrated.
The right to censorship means practically zero in such circumstances. For so-called “lifestyle” crimes there is an assumption that all of a person’s assets and earnings are the yields of crime and subject to compulsory confiscation. This may incorporate a finding of “private assets” which hikes the sum up way past real available resource.
Proceeds of Crime- a war of attrition?
Fighting confiscation is a war of attrition, but there is much to be gained by taking a pragmatic view of which assets can be defended. Better off defendants who receive the right information should evade losing all they have created through a life.
The primary portion is the origin of the funds although proposed use can also be a factor.
If a person can show that the origin of the funds is genuine the funds will ordinarily be returned. Consequently, for a triumphant resolution of your matter, all expertise including legal and commercial must be used.
