Cash and other assets can be seized if it is suspected that they are the proceeds of criminal activity. This can include money held in bank accounts and can make life very difficult for those involved.
Asset seizure can happen to anyone whose cash or other assets are believed to be linked to crime.
No criminal offence needs to be proved in some instances and assets can be seized from people other than those suspected of carrying out an offence, such as spouses and other family members.

Legal guidance and representation

If you are faced with the disruption of having your assets seized or you have been advised of forfeiture proceedings against you, we can represent you to try and release your assets and defend the court action that is being brought.
Our civil and criminal recovery team have an in-depth understanding of how various agencies work in respect of asset forfeiture and seizure. We can explain the process clearly to you and work proactively to protect your funds from legal action.
We understand how distressing asset forfeiture and seizure can be and you can be assured that we will do our utmost to protect your money and other assets.

Asset forfeiture proceedings

The Proceeds of Crime Act 2002 has three categories of asset forfeiture proceedings, as follows:

• Confiscation
• Cash forfeiture
• Civil recovery

Confiscation proceedings

Where a court is satisfied that property was obtained by way of criminal conduct, it can make a Forfeiture Order allowing the relevant authority to confiscate the assets as part of its sentence.
We are often able to raise a strong defence on behalf of clients facing Forfeiture Orders, such as where there is insufficient evidence that the funds were intended for criminal use, where assets passed to you in good faith or where funds cannot be traced back to unlawful conduct. We will also seek to reduce the benefit amount as far as possible and challenge the amount of any order if it is incorrect or you are unable to pay.

Cash forfeiture proceedings

Cash forfeiture proceedings are civil, not criminal, in nature and the standard of proof required is lower, needing evidence that ‘on the balance of probabilities’ the money in question is as a result of criminal conduct or could be recovered under the Proceeds of Crime Act.
If cash forfeiture is being applied for, you will be notified of the initial hearing date. We can represent you at that and any subsequent hearing and prepare a defence as well as an application for the return of the cash.

Civil recovery proceedings

Like cash forfeiture, civil recovery proceedings are also civil actions and do not require a prior criminal conviction to be passed.
The High Court will decide whether, on the balance of probabilities, criminal activity has taken place and whether the funds in question are the proceeds of this crime.

Contact us

Financial and regulatory bodies now have a considerable range of orders available, including asset and cash seizure, restraint, freezing, confiscation, unexplained wealth and receivership. With the standard of proof being relatively easy to achieve in some instances, we are increasingly being called upon to apply for assets to be released and to defend forfeiture proceedings.
Our team has an excellent track record of success in working with clients who are facing asset forfeiture action, with expert civil and criminal defence solicitors in Leeds, Middlesbrough and London who can step in immediately to represent you.

For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.