Proceeds of Crime

Our proceeds of crime solicitors act for individuals and their family members, as well as financial institutions, professional services firms and companies.

"They are a really outstanding firm - their POCA and asset forfeiture work is absolutely first-class."

Chambers and Partners, 2019

Kingsley Napley has longstanding experience of, and an excellent reputation for, proceeds of crime work. Recent years have seen considerable growth in this practice area, following the introduction of new measures designed to tackle illicit finance and the increased attention of enforcement agencies on funds alleged to have a suspicious origin.

We act for individuals and their family members, as well as financial institutions, professional services firms and companies - from the property and gambling sectors through to medicinal cannabis manufacturers - who may find themselves, unwittingly or otherwise, targets of the asset recovery or forfeiture regimes.

Proceeds of crime solicitors

We have a large team of expert lawyers who routinely deal with matters brought by the full range of law enforcement agencies, including the Police, National Crime Agency, Crown Prosecution Service, Serious Fraud Office, Financial Conduct Authority and HM Revenue & Customs.

Our specialist proceeds of crime solicitors can advise on:

ACCOUNT FREEZING AND FORFEITURE ORDERS, AND CASH SEIZURES

Tackling illicit finance and the proceeds of crime is a government priority and law enforcement focus. Find out more about how our team of specialist forfeiture lawyers can help.

MONEY LAUNDERING REGULATION AND COMPLIANCE

Ensuring that the UK financial system is an increasingly hostile environment for illicit finances is a key government priority. Find out more about how our specialist money laundering compliance solicitors can help.

RESTRAINT ORDERS, CONFISCATION AND THIRD PARTY RIGHTS 

We advise individuals and corporates in relation to restraint orders and third party applications in respect of property caught by restraint orders. Find out more about how our team of restraint and confiscation experts can help

UNEXPLAINED WEALTH ORDERS

UWOs are used by law enforcement agencies to require an individual to prove that a particular asset was obtained through legitimate means. Find out more about how our expert team of UWO lawyers can help.

EXTENDING MORATORIUM PERIODS

A feature of the Proceeds of Crime Act that can have the unwelcome effect of freezing property is the 'moratorium period'. Find out more about how our specialist proceeds of crime team can help.

 

Some matters can be procedurally straightforward to challenge, others can lead to complex litigation which may take years to resolve. Our reputation is built on a combination of our legal acumen and our understanding of clients’ interests, in circumstances of invariably high stakes: be it the need for urgent access to business or living expenses, the destiny of family assets or the protection of individual or corporate reputations.

Draconian Regime

The courts have repeatedly held that the Proceeds of Crime Act 2002 (“POCA”) is an intentionally draconian statute. POCA’s armoury of restraint and confiscation has been reinforced over time, amended by the Serious & Organised Crime & Police Act 2005 (“SOCPA”) and more recently, and significantly, by the Criminal Finances Act 2017, which introduced Account Freezing Orders, Account Forfeiture Orders and UWOs.

The State’s appetite for confiscating assets suspected of representing criminal property is very real. Despite criticism of a legislative and procedural framework in which many different agencies have overlapping powers, diminishing the UK's reputation as a safe haven for dirty money is an oft-stated priority for law enforcement. As a consequence of relentless focus over the last two decades, the UK now has probably one of the toughest asset recovery regimes in the world.

Defence of proceeds of crime enforcement or investigations

The risks of falling foul of Proceeds of Crime enforcement action can be loss of assets, fines or even imprisonment. Our clients want the best practitioners to assist and defend them. At Kingsley Napley we have an in-depth knowledge of the many agencies active in this area. We are recognised as a go-to firm for those alleged to be connected – directly or indirectly - with funds of suspicious origin. We are also frequently approached by individual and corporate clients to conduct preventative checks on their asset base or company processes for monitoring money laundering or POCA compliance.

For more information please contact our specialist proceeds of crime team.

The team is "on top of its game" thanks to being "exposed to tremendous cases."

Chambers and Partners, 2020

One of the premier white collar defence teams in London."

Legal 500 UK 2020

They have a very sophisticated high net worth practice and a real sensitivity to the kind of issues that high net worth individuals face,"

Chambers and Partners, 2019

The firm has very good criminal lawyers with strength and depth throughout the department."

Chambers and Partners, 2019

Clear and direct in their advice, with very good client skills. They reassure their clients and are responsive."

Chambers and Partners, 2018

Outstanding practice which frequently defends corporate entities and high-profile individuals in restraint and money laundering matters."

Chambers UK 2017

“When it comes to money laundering matters, “there is no one better” than Jonathan Grimes, who “never fails to deliver astute and considered counsel” to clients”

Who's Who Business Crime Defence


Proceeds of Crime Insights

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Blogs

NCA’s Annual Report 2019-20: a focus on recovering the proceeds of crime and asset denial

City of London Police seize more than £2 million in cross-border money laundering operation

Further clarification on the rights of third parties in confiscation proceedings

End of the road for the NCA in NCA v Baker

Account Freezing Orders – Court makes €1.9 million Forfeiture Order

Online casino fined £3 million for "systemic" AML failings

NCA relentless in demand for answers to unexplained wealth

Subject of Unexplained Wealth Order now hit with Account Freezing Order

The Fourth AML Directive - The current roadmap and possible changes to the AML landscape two years on

AML: HMRC flexes enforcement muscle to the tune of £7.8 million

AML failure: Gambling Commission takes action

NCA obtains first UWO against a suspected organised criminal – a change in approach

The rights of third parties in confiscation matters: an inhospitable landscape

Unexplained Wealth Orders for prime property

Wine as an investment – the wine merchant’s risk

Crunching the numbers: is the National Crime Agency right to seek additional funding?

SRA AML audits: be prepared

SFO secures “largest seizures of its kind” using new asset forfeiture powers

SRA to undertake AML audits as enforcers keep focus on “professional enablers”

Unexplained Wealth Orders: What we know one year on

Diamonds are (not) forever: NCA keeps up pressure on unexplained wealth

Working in partnership: a new public/private approach to tackle economic crime

Tackling economic crime 2018-19

Routinely and aggressively pursuing money-laundering investigations: the verdict on the UK’s AML regime

AML: targeting the professional enablers – action not just talk

Ensuring crime doesn’t pay: confiscation regime under review

The UK’s new National Economic Crime Centre

Unexplained Wealth Orders – can you prove the legitimate provenance of all of your significant assets?

Media focus on first 'McMafia law' challenge

AML: reforming the suspicious activity reporting regime – have your say

Corporates in the spotlight: NCA and SFO confirm tackling money laundering a strategic priority

FCA: Criminal prosecutions for AML systems and controls failings – a step too far?

Beyond #Brexit: new anti-money laundering regime agreed

Anti-Money Laundering: will new EU regime impact the UK?

Sanctions and Anti-Money Laundering Bill – Second Reading

What you need to know about Unexplained Wealth Orders

Tackling Corruption: Unexplained Wealth Orders now in force

Sanctions and AML: first #BREXIT bill makes its way through Parliament

The New Money Laundering Regulations: A Game of Risk

Proceeds of Crime Act 2002: consultation on revised codes of practice

PEPs and anti-money laundering: The FCA issues guidance

EU Anti-Money Laundering rules: tackling risky business and reckless conduct

Anti-Money Laundering: new rules and regulations in play

FCA prepares for Fourth Money Laundering Directive

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