Civil Asset recovery
The specialist Fraud Solicitors at this firm have substantial expertise in defending all applications deriving from the Proceeds of Crime Act 2002 (POCA). Whether proceedings are for Restraint of Assets, Cash Seizure, Confiscation, Property Freezing Orders or Civil Asset Recovery.
Whilst Confiscation proceedings are widely recognised and advised upon, the prosecutors’ power to engage Civil Asset Recovery provisions of POCA are not anticipated by most Fraud Lawyers.
In the event that any individual is suspected to be in possession of property obtained through unlawful conduct, the prosecution can apply to the High Court (Civil Court) for a Civil Recovery Order.
You may never have been arrested by the police for an investigation or you may have been through the turmoil of a lengthy crown court trial and been acquitted; regardless, the prosecutor has the power to try and strip you of your assets and wealth using Civil Asset Recovery.
Stuart Miller Solicitors’ specialist Fraud Solicitors are fully versed with Property Freezing Orders which the prosecution will use to prevent you from dealing with your property whilst the case is going through the motions. We understand and appreciate the substantial difficulty such an Order will have on you, your daily life, your family and your businesses. Our Fraud Lawyers understand the hindrance of such Orders and will work with you, around the clock if the need arises; and seek to challenge all or parts of the Order.
We will instruct leading specialist Barristers or QCs to support your defence team. Your Fraud Lawyers, both Solicitor and Barrister will work in collaboration with you to obtain financial records, scrutinise your financial history and create a strategy to justify your income as legitimate. Your team will engage renowned financial experts to interrogate financial data such as bank statements, HMRC tax records, business income and expenditure or annual accounts and present the same to the Court as favourable evidence.
You must remember, these proceedings cannot lead to imprisonment. They are focused merely on the recovery of your wealth. However, the prosecutor’s benefit is that most forms of evidence, which would not usually be admissible in the criminal courts is likely to be heard by the Judge. There will be no jury to persuade and standard of proof is reduced to the ‘balance of probabilities’.
Our Fraud Lawyers have unrivalled expertise in this field. In order to achieve the best possible outcome, you must contact us as early as possible. We will offer you a free consultation and the most competitive private rates in London. Please contact the Fraud team to arrange your meeting, whether face to face, online or by telephone.