Tax Disputes & Investigations

Proceeds of Crime (POCA) Asset Recovery Investigations

The Proceeds of Crime Act (POCA) 2002 combines previous legislation and introduced wide-ranging, groundbreaking powers to enable the police and law enforcement authorities to reduce the harm caused by crime and the perceptions of crime.

POCA was intended to enforce the 'crime does not pay' message by depriving offenders of the benefits obtained from their criminality (i.e. preventing them living the life of luxury on the proceeds of their crimes). The power to restrain, confiscate, seize, forfeit and recover assets is a powerful tool in the asset recovery process and POCA is now the primary legislation used in financial investigations.

What powers did POCA introduce?

The POCA powers can be summarised as follows:

• The Assets Recovery Agency was created (since merged with the Serious Organised Crime Agency);
• As soon as a criminal investigation has commenced, an application can be made to the Crown Court for a Restraint Order to prevent a suspect from dissipating, diminishing or disposing of assets before a Confiscation Order is made;
• The Crown Court must now proceed with confiscation proceedings following a defendant's conviction where either the Prosecutor or the Court believes it is appropriate to do so;
• In confiscation proceedings where a defendant is held to have a 'criminal lifestyle' the Crown Court must make four statutory assumptions for the purpose of deciding whether the defendant has benefited from their criminal conduct and the amount of that benefit;
• The government, police, law enforcement authorities and prosecutors are now incentivised by being able to receive a proportion of assets confiscated from criminals under POCA;
• The police, HM Revenue & Customs officers and Accredited Financial Investigators now have powers (via Magistrates Court proceedings) to seize, detain and seek forfeiture of cash of £1,000 or more where there are reasonable grounds to suspect it either derived from crime or was intended for use in crime;
• Civil recovery to enable the ownership of property to be transferred away from an individual if the High Court decides, on the balance of probabilities, that the property was obtained through unlawful conduct or that it represents such property;
• POCA is used to combat money laundering and penalises those who either attempt to assist, agree to assist or actually do assist in laundering criminal property. It requires people working in the 'regulated sector' to report any suspicious transactions that they come across in the course of their professional activities to SOCA. POCA also penalises those who warn the money launderer of any police or law enforcement authority interest in their activity; and
• The police and law enforcement authorities were given powers to obtain material and financial information (by seeking court orders and search and seizure warrants) to further money laundering, civil recovery and confiscation investigation.

How can OneE TDI help?

POCA is a draconian piece of legislation. In many cases, it has been properly used and led to criminals losing their 'ill-gotten gains'. However, OneE TDI has acted or been instructed in a number of cases where we have successfully demonstrated that the Prosecution's assertions either had no supporting evidence, were unjust or there would be a serious risk of injustice were the Court to agree them.

At the core of OneE TDI is a highly experienced team specialising in all areas of POCA investigations. Mark Taylor was a Case Director in HMRC's Restraint, Confiscation & Civil Forfeiture Unit and became an Accredited Financial Investigator authorised by the Asset Recovery Agency. He successfully obtained and executed POCA Court Orders and so knows how best to present and defend a case. He is now an associate member of the Proceeds of Crime Lawyers Association (POCLA) and is a recognised expert in this area of law.

We offer confidential, non-judgemental and invaluable advice and have a proven track record in challenging Prosecution assertions, benefit calculations (including defending client's from the statutory assumptions) and disproving hidden asset arguments. We work with instructing lawyers to control and manage all confiscation cases.

Please see the Testimonials kindly provided by our clients (or their accountants or lawyers), which confirm our levels of client service.

How can I contact OneE TDI?

If you would like a free, no obligation discussion with us please contact either Gary Rowson or Mark Taylor on 0800 652 6156 or complete and submit the online form below:

Whilst we endeavour to provide informative and accurate information, the content on this site is for general information purposes only and should not be taken to constitute tax or legal advice which must always be tailored to individual circumstances. Please contact us if you would like to discuss matters.

[Top]