Property falling under POCA may include money, shares, and goods with criminal acts including bribery, tax evasion and companies not complying with the law of the United Kingdom.
If during your intended prosecution a search was initiated, and cash was found prosecution must reasonably suspect that it was to be used for unlawful conduct or as a result of any form of criminal activity.
This money can be seized after an investigation and an application for forfeiture.
If you’ve been involved in this type of case please contact us in the first instance.
How can we help?
The prosecution may also apply to confiscate assets under the proceeds of crime act 2002 and the Criminal Justice Act 1988.
If you are an individual or a business who have had their assets confiscated or are currently facing confiscation proceedings we can help.
Often during these cases, the defendant must ensure they provide adequate proof and this requires careful legal advice that you must seek in order to get the right result.
If a confiscation order has been made, the defendant has a maximum of six months after the order.
This may include a heavy payment demand made upon the defendant. At this time it is critical to ensure that an application is made for further time. Not doing so can lead to a term in prison.
The first step is to generate statement on behalf of our client. This statement structures the following:
Thereafter the prosecution can respond by alleging the value of criminal benefit. They can also challenge whether the defendant owns the asset.
In response, the defence must unravel the ownership of these assets which can include speaking to experts in forensic evidence or hidden assets. It is of paramount importance to ensure deal with a lawyer with the relevant capabilities.
At Haymans, we will do everything possible to ensure your case is generated with a favourable intention in mind and where assets can be unfrozen and repatriated to its rightful owner.
We have access to a pool of experienced barristers who specialise in this area of law.