PROCEEDS OF CRIME ACT POCA
I Am Under Investigation Of Proceeds Of Crime Act.
WHAT IS CRIMINAL PROPERTY?
I am under investigation for the POCA proceeds of crime act
“Criminal property” is any property that represents a benefit of criminal conduct.
POCA is regularly used by the police and non-police agencies in order to recover criminal property in a wide spectrum of proceedings ranging from benefit fraud, copyright infringement and rogue trading to tax evasion, bribery and money laundering.
To prove that any property is “criminal property”, the prosecutor must show that:
The property constitutes or represents benefit from criminal conduct, in whole or in part, either directly or indirectly;
The defendant knows or suspects that it constitutes or represents such a benefit [section 340(3)].
Property includes money, all forms of property or real estate, and other intangible assets such as intellectual property, brands, shares or mortgages. Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing
WHAT ARE THE PROCEEDS OF CRIME?
The ‘proceeds of crime’ are the money or assets gained as the result of criminal activity. Usually, the money made from a criminal activity is used to buy assets such as property or cars. This “taints” those assets with the original crime, and they also become proceeds of the crime Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing.
HOW ARE THE PROCEEDS OF CRIME RECOVERED?
Restraint and freezing orders
A restraint order is used to ‘freeze’ or preserve the property and bank accounts of a suspect or defendant at any time from the start of an investigation until its conclusion, to prevent the assets being sold or de-valued prior to a conviction.
Restraint orders may be made against the defendant or person under investigation, and any other person holding realisable property.
Confiscation orders
A confiscation order is made against a convicted defendant requiring him or her to pay the amount determined by the court.
Civil recovery
A civil recovery order allows for the recovery of assets without a criminal conviction taking place, but where it can be proven on the balance of probability that the assets were acquired through unlawful means.
Cash seizures
Cash seizures usually occur at a stop and search by the police, at an international border or at a business premises where the police or customs officer suspects that the money came from or was intended for criminal activity.
Unexplained Wealth Orders (UWO’s)
Unexplained Wealth Orders (UWO) came into force in January 2018 to help authorities identify and seize property suspected to have been bought by laundered criminal funds, most commonly from foreign sources.
The High Court may, on an application made by an enforcement agency, make an unexplained wealth order (UWO) in respect of any property under suspicion. The respondent is required to explain how the asset was acquired.
If an adequate explanation is not provided, or the evidence offered is unsatisfactory, the asset will be considered “recoverable property” for the purposes of a civil recovery order under POCA.
So far, UWOs have only been used a small number of times but they are expected to become more common.
Seizures by Border Force & HMRC
Cash and other items can be seized by the UK Border Force, HMRC and other government enforcement agencies at the border under several different pieces of legislation
If you are facing seizure under POCA Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing
WHAT IS A BENEFIT FIGURE?
In seeking to recover the proceeds of crime, the courts will calculate a figure that represents the financial benefits of the crime committed.
However, for the purposes of POCA, it is not the money or property that is actually kept or gained from the criminal activity that matters. It is the money or property that passes through someone’s hands.
For this reason, POCA orders are often made over and above the actual amount that a defendant profited from their criminal conduct.
For example, if a drug dealer sells £5,000 of drugs, his benefit figure will be £5,000 regardless of how much he bought the drugs for.
Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing
WHAT IS A CRIMINAL LIFESTYLE?
I am accused of leading a criminal lifestyle. what should I do ?
Broadly speaking, where the defendant has been convicted of an offence listed under Schedule 2 of the Proceeds of Crime Act 2002, or has benefitted from £5,000 or more over the course of 6 months or more, they are said to have committed a lifestyle offence.
If the tests for a criminal lifestyle have been met, the Crown is able to significantly increase the benefit figure and the effects can be devastating.
If the lifestyle provisions apply the Court is able to assume that anything bought or transferred to the defendant within the last 6 years was obtained as a result of the crime, and the value of these assets will be added to the benefit figure.
The burden of proof is on the defendant to show that a source of income was legitimate.
If you find yourself accused or convicted of a criminal offence and are concerned about the provisions of POCA you should seek the best legal advice available to maximise the possibility of protecting the assets being called into question.
Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing
REGULATED SECTOR OFFENCES
It is an offence for business and individuals operating in a regulated sector to fail to disclose suspicions of money laundering discovered in the conduct of their business.
This offence can even be committed even when a person fails to suspect money laundering when they should have done.
Money laundering officers within a regulated organisation fail to make an external disclosure after receiving information that gives rise to grounds for suspicion, may also be liable.
Furthermore, it is also an offence to “tip off” a person that a money laundering investigation is taking place or that a Suspicious Activity Report (SAR) has been submitted.
Pavidus Legal deal with POCA and money laundering cases in the regulated sector nationwide and have the expertise to locate the experts to deal with the difficult issues that arise.
Contact Pavidus Legal without haste and we can nominate the Legals to guide you through the storm. We will do the leg work and locate the expert you require in your field in order to get the best outcome achievable in your individual situation with a myriad of experts to our black book Pavidus legal are able to take the stress out of the challenges you are currently facing
