Barristers at St Pauls Chambers provide legal advice and strategy guidance for those facing Proceeds of Crime proceedings.
Asset recovery defines the process of tracing and recovering assets, such as property, vehicles or cash, that have been obtained through illegal activity. This should not be confused with those who have been the victims of fraud. This term refers to the process of removing assets from those who have gained such assets from illegal activity. It is important for those who face recovery under the Proceeds of Crime Act 2002 (POCA) to seek legal advice as soon as possible.
All asset recovery law is initiated under the Proceeds of Crime Act 2002, which fall into three types:
Neither cash proceedings nor proceedings for a civil recovery order require a prior criminal conviction.
Confiscation proceedings follow the vast majority of crimes involving fraud, tax evasion, and money laundering. The proceedings can follow the course of confiscation, cash seizure, restraint, receivership, or freezing orders. They are in place to deprive the defendant, as well as friends, family, or colleagues, of any possible financial benefit from criminal conduct.
Civil recovery proceedings are taken in the High Court. It needs to be established that on the balance of probabilities, criminal activity has taken place and the funds which it seeks to recover represent the proceeds of crime. Unlike confiscation proceedings, civil recovery concentrates on the property in actual ownership of the defendant.
If you or your client are in need of a barrister with experience in cases involving asset recovery law, please get in touch with our clerks today.
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For further information and enquiries please contact our clerks team.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF
For out of hours assistance please call the senior clerk on 07854170429.
The switchboard will open from 08:30 until 17:30
Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]