Need assistance with a confiscation or asset restraint order?
What is Confiscation and Asset Restraint?
Confiscation and asset restraint in the UK are legal proceedings that allow authorities to seize assets during criminal investigations. The Proceeds of Crime Act 2002 (POCA) gives prosecuting authorities permission to freeze or restrain a person’s assets if they are believed to be the result of criminal activity. These proceedings aim to not only deprive criminals of their money and other property but potentially recover the profits of crime.
Restraint Orders are typically sought against individuals under investigation for serious criminal offences such as money laundering, drug trafficking, or fraud, and are intended to preserve assets that might later be subject to confiscation proceedings. Restraint may be sought by the police, HMRC, or another law enforcement agency at an early stage of an investigation. Furthermore, third parties not suspected of wrongdoing may also find their property caught by restraint orders.
In recent years, we’ve seen a significant increase in the use of restraint orders and post-conviction confiscation proceedings due to the UK Government’s crackdown on illicit finance.
If you find yourself the subject of confiscation or asset restraint, Holborn Adams will work toward the best possible outcome on your behalf.
Holborn Adams’ Approach to Confiscation and Asset Restraint
At Holborn Adams, we are renowned for our extensive experience in defending cases related to confiscation and asset restraint. More importantly, we take great care to represent you in a manner that ensures we can protect your assets to the maximum extent possible under the law.
If you are subject to a Restraint Order, whether as a suspect or a third party, our team can act to vary or even discharge the Order. This can allow you and your business to continue as normally as possible throughout a criminal investigation, which can often continue for months or even years.
In the event of Confiscation Proceedings, we will work through the prosecution’s alleged benefit figure against you and, by obtaining all available evidence, establish the legitimate provenance of your funds.
We Are the Premier Confiscation Solicitors in the UK
At Holborn Adams, we defend all allegations of hidden assets and aim to keep the final realisable asset value as low as possible, ensuring it is consistent with the full range of evidence available and the legal standards which apply. In the past, we have achieved considerable success in reducing the figures confiscated by huge sums.
Moreover, the Holborn Adams recovery team is precise, accurate, and aggressive in its approach to presenting a client’s case in Confiscation. Thanks to our approach, we are continually instructed by new clients, post-conviction, to take over and begin to defend their proceeds of crime cases.
Here are just some of the areas our criminal defence solicitors can assist with:
- Magistrates Cash Forfeiture
- Confiscation Proceedings
- Proceeds of Crime Representation
- Restraint Orders
- High Court Confiscation
