Proceeds of Crime Act (POCA) | Proceeds of Crime Solicitors
Specialist criminal solicitors and barristers at representing clients facing investigation for gaining from the Proceeds of Crime (POCA)
The Proceeds of Crime Act 2002 provides Courts with the power to impose Confiscation Orders, Restraint Orders and issue Enforcement Proceedings in relation to property which is believed to have been obtained through criminal conduct.
Investigations and proceedings relating to the Proceeds of Crime Act (POCA) are complex and require experienced technical knowledge, if you or your business is subject to POCA proceedings, we have a team of experienced fraud and white collar crime lawyers to provide you with the necessary advice and representation. If you would like to speak to one of our specialist solicitors, call 0330 818 9837 or complete our online enquiry form.
POCA – Cash Seizure Recovery/Appeal
If a prosecuting authority suspects that cash discovered is to be used for unlawful purposes or is the result of criminal activity, the cash can be seized pending an investigation and a possible application for forfeiture.
To secure the return of your cash, it must be proven that the cash is not going to be used for criminal purposes, and that it was not obtained through criminal conduct.
If your cash has been seized, our lawyers can be appointed to advance an application to the Court for your money to be returned.
Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a top ranking in the category of Crime (which includes Driving Offence), the highest ranking that can achieved in the Chambers Guide.
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
In certain types of criminal prosecutions, the prosecuting authority may put forward an application for the confiscation of assets under the Proceeds of Crime Act 2002.
Confiscation proceedings take place after a person has been convicted of an offence. The prosecuting authority will usually advance submissions that the offence(s) the person was convicted of, amounted to a ‘criminal lifestyle’ under the POCA.
If the offence took place over a period of six months or more, the Court can consider any items or acquisitions from 6 years prior to the date of the commencement of criminal proceedings. The Court is then entitled to assume that any transaction within that period is the proceeds of crime and it is for a defendant to disprove.
Our solicitors and barristers are available to advise and represent individuals and corporate clients that are in the process of having assets confiscated under POCA.
If a Confiscation Order is granted, the Court will direct that it is paid within a specified period, this is usually within 6 months and will set a period of imprisonment if it is not complied with.
Our experienced solicitors and barristers can be appointed to act for defendants who have had payment demands made upon them. We can apply to the Court for further time for payment, as failure to comply can result in imprisonment.
Our lawyers can assist in all aspects of enforcement proceedings, including:
- Representation in the Magistrates Court;
- Applications to extend time to pay;
- Discharge and variation of confiscation orders;
- Advice on appeal of confiscation orders
We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients.
Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
Why Instruct Kang & Co for POCA?
Clients choose us to represent them for their criminal law case (such as POCA), because of our excellent track record and understanding approach towards their case, we understand and appreciate the impact of a conviction on your professional and personal life.
We have an outstanding reputation in the industry and regularly receive positive feedback from our clients. Regardless of how serious or minor the offence, our team of skilled criminal law solicitors are well trained, and highly motivated to protect your rights. If you instruct us to defend your case, we will explain everything to you about your prosecution and will discuss your bespoke defence strategy with you in detail and will advise you on all the possible outcomes.
In addition to having our own in-house barristers and advocates, we also have strong working relationships with very senior members of the Bar (including KC’s) and other leading legal experts in their field who can form part of your legal defence team.
Paying Privately for Criminal Defence
We have been covering only private client criminal cases for many years and the benefits to our clients are clear. Our clients receive a much higher level of legal expertise and attention, because they are funding their cases privately. This enables us to dedicate more time in preparing the case, compared with firms that may also offer legal aid. Legal aid lawyers (Duty Solicitors) are often over-worked and are covering more cases than they should, as the nature of their work is not profitable, and this can result in your case not receiving the time and attention it deserves.
Our private client solicitors are specialists in their field, have significant experience and will have dealt with other cases like yours in the past and will know the best strategies to achieve a not guilty verdict.
Funding Your Case
If you are facing a criminal investigation or prosecution, you should seek out the very best lawyers to defend your case, so that you have the best chance of a successful outcome. Our solicitors and barristers are highly experienced and recognised nationally for successfully defending a significant number of high-profile criminal prosecutions throughout England and Wales.
As a specialist private funded criminal defence law firm, we represent clients that are in a financial position to fund their cases privately, as a result our clients do not qualify for Public Funding (Legal Aid) and for that reason we do not undertake any work on Legal Aid.
Our Private Legal Defence Lawyers accept new cases on a Fixed Fee basis, ensuring that our clients know exactly how much their case will cost from the outset.
Private legal representation is not only reserved for the wealthy, many of our clients are ordinary people that require a robust defence team to provide them with the best chance of protecting their reputation and career. If you require more information on the cost of defending your case, speak to one of our solicitors for a no obligation fee estimate.
Our Agreed Fees for Private Crime cases start from;
£2,500 + VAT
Birmingham Head Office
1 Victoria Square
330 High Holborn
Milton Keynes Office
Milton Keynes, MK9 1BP