Where a law enforcement agency or prosecuting authority has a criminal case which it has been unable to prosecute successfully, it will often refer the matter to the Serious Organised Crime Agency (SOCA) to consider adopting it for civil recovery and/or assessment for tax. It must meet the following criteria:
- Recoverable property must have been identified and have an estimated value of at least £10,000
- Recoverable property must include property other than cash or negotiable instruments (although cash is recoverable if it is in addition to other property)
- There must be evidence of criminal conduct which is supported to the civil standard of proof, i.e. on the balance of probabilities
Asset Recovery proceedings which are a creature of the Proceeds of Crime Act 2002, are unusual and Sonn Macmillan Walker is one of the few firms who has experience of dealing with them.
SOCA often obtains property freezing orders pending the outcome of assit recovery proceedings, making funding problematic. Should that occur we can advise as to funding.
Sonn Macmillan Walker has experience of dealing with one of the largest ever civil recovery cases.
Contact David Sonn for a prompt response to your enquiry.