Proceedings under the Proceeds of Crime Act 2002 (POCA cases)
The Proceeds of Crime Act 2002, commonly referred to as POCA, aims to tackle money laundering and recover the financial benefit gained from criminal conduct. By virtue of the POCA, relevant authorities can initiate confiscation proceedings, civil recovery, cash forfeiture and unexplained wealth orders.
POCA proceedings can often be complex requiring specialist expertise.
POCA proceedings typically follow a criminal conviction but can also be initiated independently in civil courts.
You are likely to face POCA proceedings if you are:
- Convicted of a criminal offence involving financial gain
- Suspected of holding assets linked to criminal conduct
- Subject to an investigation concerning money laundering, fraud, drugs offences or organised crime
- In receipt of unexplained or disproportionate assets
Whether you’re subject to a criminal investigation, have been invited to a voluntary interview (under caution), or have been charged with an offence(s), prompt legal advice is strongly recommended.
Defending POCA proceedings will require a tailored approach. Our experienced POCA team at the PDS will be able to advise you with regards to challenging the ‘benefit figure’, disputing the ‘available amount’, asserting third-party interest, negotiating settlements or appealing confiscation orders.
Obtaining expert legal advice, from the outset of such proceedings, can potentially make a difference and considerably affect the outcome of your case.
POCA proceedings can result in the loss of your home, assets and savings. Prompt, informed action is vital and might limit your financial liability.
If you are facing proceedings under the POCA, contact our experienced POCA team without hesitation.
Notable cases
Advocacy team
About the case
John led another member of the PDS in a confiscation case involving a benefit claim of £73 million where the alleged assets were alleged to be around £10 million. The case was listed for two weeks but was settled just before the hearing.
Advocacy team
About the case
David Aubrey was leading counsel for an appellant, along with several other appellants, in a hearing before a five-judge Court of Appeal which gave a ‘guideline judgement’ in POCA proceedings.