Proceeds of Crime Act 2002, Part 5: Civil Recovery or Criminal Recovery?
Part 5 of the Proceeds of Crime Act 2002 (or POCA 2002) enables enforcement agencies to recover property which has been obtained through unlawful conduct or...
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If you are the subject of a Civil Recovery order, it is important to seek out high-quality legal advice. Cases of this kind can be complex and difficult to defend. DBT & Partners have extensive experience in dealing with matters related to business litigation.
The term “Civil Recovery” – or civil asset recovery – refers to an order that can be made to retrieve the suspected proceeds of crime from a guilty party. It works similarly to a confiscation order, with some differences.
Like a confiscation order, this approach may be used during – or as a result of – criminal proceedings. However, a conviction is not necessary for Civil Recovery proceedings and they may still be brought without a guilty verdict or criminal charges of any kind.
These orders are not limited to possessions and funds kept on UK soil and may be applied to any individual or company anywhere in the world, so long as the assets to be recovered fall under UK jurisdiction.
If you or your business have become the subject of a Civil Recovery order, fighting to retain your assets can be difficult due to the lack of any conviction being required. It is vital to ensure you have evidence to hand that supports your claim to the assets in question.
The legal specialists at DBT & Partners have over 30 years’ worth of experience defending clients accused of handling or receiving the proceeds of crime. We’ll help you build a powerful defence, proving your legal right to the assets and funds the courts are attempting to confiscate.
Contact us today for more information on the legal assistance we can provide.
Civil Recovery orders can be pursued without any criminal conviction whatsoever. All that is required is for the court to accept that – on balance – the assets in question are highly likely to represent the proceeds of crime.
These types of orders are often brought in connection with cases of serious fraud, unexplained wealth or organised crime.
Following Civil Recovery, the assets that have been seized may be liquidated or sold – so those in possession of belongings, property or funds that are the subject of Civil Recovery must be able to effectively defend their right to retain them.
The subjects of organised crime may seek to prove that the assets in question were legally obtained, that they were not aware they had the proceeds of crime or that asset recovery of this kind would undermine their rights.
Civil Recovery is often connected to white-collar crime such as bribery or corruption, complex cases of fraud and money laundering.
Orders of this kind may be brought against individuals or organisations and may involve large sums of money.
If you are being investigated for offences of this kind or anything similar, it is important to be prepared to defend your assets by collecting evidence that they are legally within your possession.
The legal experts at DBT & Partners can help you defend against any Civil Recovery proceedings. We can assist you in collecting evidence to prove that the goods or funds in question were legally obtained, or that you did not know that they were the proceeds of crime.
We can also help you build a defence for any criminal or civil case connected to the recovery order in question.
As Civil Recovery proceedings may destroy your property, it is important to act now. Contact our specialists today to discuss your case.
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