Proceeds of Crime Act Proceedings

In England and Wales, the Proceeds of Crime Act (POCA) provides wide-reaching powers for law enforcement to restrain, freeze, and recover assets suspected of being the proceeds of unlawful conduct. Sonn Macmillan Walker can provide professional guidance and representation if you are facing POCA action. Whether you need early advice on compliance or specialist support in active proceedings, our experienced team is here to assist you at every stage.

POCA Action

POCA matters can arise in many forms: Account Freezing Orders (AFOs), Account Forfeiture Orders, Restraint Orders, Confiscation Proceedings, and Civil Recovery Claims. These actions often start on limited or incomplete information, and individuals or organisations can find themselves subject to serious financial restrictions with little notice. It is vital to obtain prompt legal advice to challenge inappropriate applications, ensure compliance, and protect your assets.

Experts

POCA cases frequently involve detailed financial analysis, complex transaction histories, and tracing of funds both in the UK and overseas. We work closely with forensic accountants and financial experts where required, ensuring that technical issues (such as the provenance of funds, business turnover, charitable distributions, or third-party interests) are fully understood and accurately presented. Our team is experienced in preparing clear, comprehensive evidence that addresses the concerns of investigators and the court.

Convictions and POCA Consequences

A criminal conviction is not always necessary for POCA action to be taken. Civil recovery and freezing powers can apply even where no charges have been brought, and the legal tests differ significantly from those in the criminal courts. These provisions can catch individuals, companies, and charities by surprise. We advise clients on their exposure, how to respond, and how to mitigate the impact of ongoing investigations or proceedings.

POCA and Sentencing

For defendants in criminal proceedings, POCA confiscation orders can add a significant financial penalty alongside any custodial sentence. The consequences of a confiscation order can be long-lasting, including default sentences if payment is not made. Strategic advice from the outset, including accurate benefit calculations and robust challenges to alleged “criminal lifestyle” assumptions, is essential to securing the best possible outcome.

Speak to us today at Sonn Macmillan Walker to get expert advice on dealing with POCA proceedings.