Proceeds of Crime Act (POCA)
The Proceeds of Crime Act 2002 is an important piece of proceeds of crime legislation that was introduced by the National Crime Agency to tackle the threat of organised crime in the UK.
The aim is to take away the profitability of criminal activities and act as a deterrent to others thinking they may be able to enjoy financial gain from criminal proceedings.
If you’ve been accused of criminal conduct and breaking money laundering regulations, and you’re facing the possibility of having to justify all earnings made since the conviction, chances are you’ll be feeling distressed and anxious.
DPP Business & Tax have decades of experience in handling cases involving serious fraud, where POCA legislation is involved. Our dedicated team of fraud solicitors work around the clock to ensure we get our clients the best possible outcome and are on hand to offer professional, honest legal advice when needed.
If you’ve been accused of a crime, you could be facing one of two orders from the Proceeds of Crime Act.
If you’ve been charged with an offence or are suspected of certain POCA offences, the court will most likely impose a restraint order on you. Provisions included under a restraint order can include:
- The freezing of assets that may be the proceeds of a crime.
- The freezing of third party assets that may be the proceeds of the crime.
- Court order disclosures for the disclosure of UK assets, as well as assets abroad.
- Appointment of Management Receivers to trace and recover assets.
- Orders which are made for the purpose of limiting the living expenses and business expenditure of the defendant.
If you’ve been found guilty of a crime, the prosecution will seek to place a confiscation order against you. This means that you’ll be given a predetermined amount of time to pay back what you owe. If you can’t pay back the amount in full, you’ll be sent to prison.
There are some set prison sentences which have been set by the Powers of Criminal Courts Act 2000 and the full extent of confiscation proceedings against you.
What should I do if I’m facing a restraint or confiscation order?
If you’re facing a restraint or confiscation order, or you’ve been accused of a crime which may result in proceeds of crime hearing, it’s vital to seek legal advice from a professional.
Our POCA specialist solicitors can provide expert advice, assist with assets recovery, and help you through your next steps. Contact us today for a confidential discussion.
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