Insights into Account Freezing Orders & Account Forfeiture Orders is a two-part series covering how these orders work in practice and how you might challenge them.
In the first episode, Ed Smyth, Partner & Sophie Wood, Senior Associate (Barrister) in our Criminal Litigation team, spoke about how Account Freezing Orders work. In this second episode, they provide a recap of episode one and explore what happens when law enforcement want to forfeit funds.
They answer the following questions:
- What are Account Forfeiture Notices and what must the notice set out?
- What happens when a party does object to a notice and what options can a law enforcement agency take when this happens?
- What is a Account Forfeiture Order and if you're a party subject to this order, can it be appealed?
You can listen to episode one covering Account Freezing Orders by clicking here.
For further information on the issues raised in this podcast, please contact a member of our Proceeds of Crime and Money Laundering team.
You can find out more about Account Freezing Orders & Account Forfeiture Orders by clicking here. You can also see a range of work our Proceeds of Crime and Money Laundering team cover by clicking here.
About the Speakers
Ed Smyth is a Partner in the Criminal Litigation team and represents individuals and corporates involved across the full spectrum of criminal and quasi-criminal matters. He has considerable experience of confiscation and asset forfeiture proceedings and of challenging the exercise of search and seizure powers. He has acted in cases involving the SFO, the NCA, HMRC, the Information Commissioner, the Electoral Commission and various professional disciplinary bodies.
Sophie Wood is a Senior Associate (Barrister) in the Criminal Litigation team with extensive experience in advising corporate and individual clients involved in a wide range of internal, criminal and regulatory investigations and public inquiries. Sophie has worked on large-scale and complex cases of serious fraud and money laundering brought by the SFO, US DoJ, FCA and HMRC. A number of these cases have had multi-jurisdictional aspects, encompassing requests for Mutual Legal Assistance, INTERPOL red notices and extradition. Sophie also advises on POCA 2002 and, in particular, individuals impacted by restraint and confiscation proceedings.