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.
Recent success stories
Man subject to proceeds of crime - Case Discontinued
Case discontinued by the prosecution
Having just got over the case, your livelihood is now at risk
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 process can feel even more frightening than the actual criminal case which you may still be trying to recover from, as they come back from more, aiming to take what is personal to you. The prosecution can have wide powers and they may set their sights high, going after anything and everything that belongs to you, or is even associated to you.
Suddenly, people around you who had nothing to do with the criminal case can be directly affected if assets are jointly owned. This can make family and loved ones feel treated as if they were also convicted of a crime.
The potential for injustice is high which can leave you feeling isolated and without control.
POCA is complex and heavily weighted in the prosecution's favour
The Proceeds of Crime Act (POCA) gives wide powers to prosecutors to try and confiscate assets, even if these assets are from legitimate funds. Assumptions can be made that 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. This can often feel impossible to overcome.
Without and experienced confiscation lawyer, mistakes in financial evidence can easily lead to serious consequences. Many people feel the way calculations are made are completely unjust as they purely based on assumptions. This can give a total figure that is far higher than what they were actually convicted of.
The process can feel like it just makes no sense. This is because unfair assumptions are made without any real proof being required, making it seem impossible to argue against. Even some lawyers can struggle to understand a process that feels so unfair and one-sided.
You don’t have to lose everything. The right defence can protect you.
Remember that your side can be heard. Despite the severity of Proceeds of Crime confiscation proceedings, there are ways to fight back.
With the right lawyer, it really is possible to challenge the prosecution’s claims or even prevent any confiscation at all. An experienced expert confiscation solicitor will get the information they need from you to give the true picture. This will instantly make you feel less vulnerable.
Your team will find the right expert witness such as a forensic accountant. This can be crucial in showing that the figures just don’t add up. An experienced legal team may try to negotiate and it may be possible to fight 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. Alternatively, it might be possible negotiate a favourable settlement. This will make you feel reassured that fighting back is possible.
It is possible to protect what is legitimately yours
At Mary Monson Solicitors, we start by 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 pick apart the numbers unfairly created by the prosecution.
We also work with expert barristers who will prepare your case to fight and win if it reaches a contested hearing. At the same time, we may try to negotiate an agreed benefit figure and final order that is reasonable. This will make you feel have some control over the situation again.
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. Having a experienced team fighting for you and assets which may affect your whole family can make a real difference. You will feel that you are not fighting alone.
What can I do now - next steps
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 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.
Don’t assume it is impossible to challenge POCA cases – There is a lot that can be with the right legal to protect your position.
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.