Asset Forfeiture & Confiscation
Recent legislation and Government initiatives have highlighted and increased the volume of litigation involving the forfeiture of assets said to have been derived from crime, in both civil and criminal proceedings. In addition, the Proceeds of Crime Act 2002 and associated regulations have made advice in relation to money-laundering issues of great importance to professional and lay clients alike.At 5 St Andrew's Hill we have been involved in this sort of work for many years. Members of Chambers act for both sides, and have appeared in many of the leading cases in this following fast-developing and increasingly-important area. Chambers can provide specialist advocacy and advice in the following areas:
Confiscation is the process which follows conviction in criminal proceedings, and by which convicted criminals are deprived of their assets in sums up to the value of their benefit from crime. Such proceedings may take place under the Criminal Justice Act 1988, Drug Trafficking Act 1994, or Proceeds of Crime Act 2002. Ancillary matters such as Restraint Orders, Disclosure Orders, Receiverships and other enforcement provisions may involve litigation in the High Court, Crown Court and Magistrates' Court, and in some cases more than one court will have jurisdiction.
Civil Recovery encompasses the two forms of civil process which may lead to the forfeiture of assets from those who may never have been convicted in a criminal court:
- Recovery Orders may be sought by the Assets Recovery Agency in the High Court under the Proceeds of Crime Act 2002
- Cash Forfeiture proceedings may be brought in the Magistrates' Court following seizure by Police or HM Revenue and Customs under the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002.
Condemnation is the civil process whereby seizures of goods by HM Revenue and Customs may be challenged in the High Court or Magistrates' Court. Alternative remedies may also be pursued in the VAT and Duties Tribunal. This procedure most commonly applies where tobacco or alcohol have been seized, but it may also involve endangered species, goods subject to sanctions or export control, and often involves issues of Community Law.
Money Laundering Regulation imposes obligations upon professionals and others to report suspicions of their clients, and in some cases to hold up their commercial transactions, while forbidding those professionals from "tipping off" their clients as to what is actually going on. We provide advice to solicitors, local authorities and to others in this difficult and highly-sensitive area.
Barristers practising in this field