Protecting What’s Yours: Fighting Unfair Proceeds of Crime Confiscation
A confiscation case can feel like an uphill battle. Having been through the main criminal case you are then hit with this. Your assets and livelihood are at risk, and the legal system may seem stacked against you. Legitimate property may be targeted and can be assumed to be from the proceeds of crime.
These assumptions can sometimes lead to serious consequences like losing your family home. Despite the fear and stress this can cause, it is possible to fight back and protect what is legitimately yours.
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Man subject to proceeds of crime - Case Discontinued
Case discontinued by the prosecution
Your livelihood is at risk, and your reputation is on the line.
Proceeds of Crime confiscation proceedings can be overwhelming, especially if you're wrongly accused of benefitting from criminal activities. You may be asking yourself: Will I lose my home? How will this affect my family? Can they take everything from me? The fear of financial ruin is very real.
The law gives the prosecution wide powers, which can feel intimidating and unfair. Often, people don’t realise that these proceedings can sometimes continue even after acquittal in a criminal case. The potential for injustice is high, leaving you feeling isolated and without control. This can feel even more personal and frightening than the actual criminal case that took place.
POCA is complex and heavily weighted in the prosecution's favour
The Proceeds of Crime Act (POCA) gives wide powers to prosecutors, allowing them to try and confiscate assets, even if these assets are from legitimate funds.
The court assumes that if you’ve been convicted, any wealth you’ve acquired in the last six years could be connected to criminal activity. The burden is often shifted onto you to prove otherwise, which is no small task.
Without expert legal defence, mistakes in financial evidence can easily be made, leading to serious consequences. Many feel overwhelmed by the financial calculations, valuations, and forensic accounting involved. The process itself can feel extremely confusing. Unfair assumptions are made making it seem impossible to protect your assets with the risk of losing everything.
You don’t have to lose everything. The right defence can protect you.
Despite the severity of Proceeds of Crime confiscation proceedings, there are ways to fight back.
With the right legal strategy, it is possible to challenge the prosecution’s claims or even prevent any confiscation at all. Alternatively, it might be possible negotiate a favourable settlement. An experienced expert confiscation solicitor can expose flaws in the prosecution's assumptions, demonstrate that assets were legally obtained, or highlight errors in financial analysis.
Expert witnesses, such as forensic accountants, can be crucial in showing that the figures don’t add up. The law provides scope for negotiation, and with the right approach, it's possible to reduce the amount claimed, or in some cases, have proceedings dismissed. A lot can be done to reduce the prosecution figures before it even gets to court.
It is possible to protect what is legitimately yours
At Mary Monson Solicitors, we take a proactive approach to confiscation cases. The start is listening to your full side of the story.
Our experienced confiscation solicitors go through the detail with you so we can argue against unfair assumptions rather than just accepting what the prosecution say. We may involve specialist Proceeds of Crime forensic accountants to dismantle the prosecution’s arguments.
We also work with expert barristers who will either try to negotiate an agreed benefit figure and confiscation order that is reasonable. At the same time, we prepare your case to fight and win the contested hearing if agreement cannot be reached.
We recognise the emotional toll these cases take on you and your family. Our specialist confiscation solicitors not only fight the legal battle but also support you. At the very least, knowing that you have someone who knows this area fully and is by your side and working to protect you can really help ease the burden.
What can I do now - next steps
Don't ignore the proceedings – Delaying action or failing to respond could make the situation worse. Seeking immediate legal advice is crucial to understanding the scope of the case against you.
Find an expert Proceeds of Crime lawyer you can trust – Without specialist solicitors experienced in POCA, you risk being overwhelmed by complex legal arguments and financial scrutiny.
Call us – Our dedicated team can guide you through each step, offering personalised legal strategies tailored to your case.
Do gather all financial records – Compile detailed records, including bank statements, property deeds, and business accounts early on.
Don’t make any statements to authorities – Anything you say could potentially be used against you. .
Do maintain open communication with your family – Confiscation proceedings can impact those around you. Keeping your loved ones informed helps reduce stress and maintains unity as you navigate this challenging time.
No-tricks fixed-fee pricing
We can usually offer a fixed fee instalment plan so you can plan for the expense, and so you can fund your case in stages while it is continuing.
Private representation
Once we have an idea of what kind of case you are facing and what work that will be necessary, we will then be able to provide you with a fixed fee quote. This means that you know before you commit how much your case will cost.
What's included?
Frequently asked questions
What are Proceeds of Crime confiscation proceedings?
Confiscation proceedings under the Proceeds of Crime Act (POCA) are legal processes used by the authorities to recover assets or money they believe were obtained through criminal activity. This can happen even if a person has already been convicted and sometimes even if they were acquitted in the main criminal trial or not even charged with any offence. The purpose is to prevent individuals from benefitting financially from alleged criminal conduct.
Can they take everything I own?
Not necessarily. The prosecution will often seek to maximise the amount they claim is connected to criminal activity, which may include assets you legitimately own. However, with an effective legal defence, it’s possible to challenge the valuation and origin of these assets. Skilled solicitors can argue that the assumed benefit amount is incorrect, or that specific property or funds were acquired lawfully and should not be included in the confiscation order.
What happens if I can’t pay the amount they claim?
If you’re unable to pay the amount ordered by the court, you could face serious consequences, including imprisonment for defaulting on payment. The length of imprisonment depends on the amount of the confiscation order and can range from weeks to several years. However, experienced defence solicitors can negotiate to lower the sum or prove that the assessed amount is unrealistic given your financial situation.
Can confiscation proceedings happen without a conviction?
Yes, it is possible for confiscation proceedings to continue even after an acquittal in a criminal trial. The authorities may argue that you still benefitted from criminal conduct and pursue a civil recovery of assets. This route of civil recovery can also sometimes be pursued without even being charged if for example, you are found to be in possession of a large amount of unexplained cash. This makes it all the more important to have skilled legal representation that understands how to defend against such aggressive and complex claims.
How can Mary Monson Solicitors help me?
Our expert confiscation solicitors specialise in defending clients against Proceeds of Crime confiscation proceedings. We use our industry-leading expertise and experience to develop strategic defences. This includes using expert witnesses like forensic accountants to scrutinise financial claims, negotiating with the prosecution, and fighting to protect your assets and reputation.
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We'll get back to you as soon as possible. We are happy to speak to you if you have a query, and either have a free consultation on the phone or in person if necessary.