Proceeds of Crime Act
Are you subject to a POCAInvestigation you need to act quickly:
Abrahams law POCA investigation solicitors offers:
- 24 hour Abrahams Law POCA specialists helpline
- Access to the best Experts!
- Fixed Fees where applicable
- Extensive experience in all criminal matters
- Results which speak for themselves
Why chose Abrahams law POCA investigations solicitors?
We at Abrahams Law POCA Investigations Solicitor have the best lawyers and forensic experts to deal with the details required in these investigations, this combined with our teams’ experience of dealing with the most complex frauds and serious crime make Abrahams Law POCA Investigations Solicitors best placed to defend you successfully.
Are you subject to a POCA?
POCA cash seizure and forfeiture action can be a distressing and traumatic experience for individuals, their family and business associates who may be affected by the order. We usually act for individuals and companies affected by the cash seizure or forfeiture on a privately paying basis
What is the Proceeds of Crime Act 2002?
Criminal or civil asset recovery orders made under the Proceeds of Crime Act 2002 can involve measures including confiscation, restraint, receivership, cash seizure or civil recovery or property freezing orders. The minimum amount able to be seized under Section 294 of the 2002 Act was lowered from £10,000 to £5,000 on the 16 March 2004. The minimum amount able to be seized was reduced from £5,000 to £1,000 with effect from the 31 July 2006.
POCA after a criminal conviction
If you are convicted or plead guilty to an offence, the court must consider confiscation proceedings if it is asked to do so by the prosecution. However, this does not mean that confiscation will automatically take It just allows the CPSan attempt at confiscation of assets you may own.
POCA – Criminal life style
If a defendant is considered to have a ‘criminal lifestyle’, then any assets, expenditure, and any property given or received in the last 6 years is assumed to have been met or obtained with the proceeds of criminal conduct, unless you can prove that it is not the case. The requirement to show that all assets attained or passing through a defendant’s hands were legitimate is called ‘the assumptions’. Again, the assumptions only kick in if the defendant has a ‘criminal lifestyle’.
If a ‘criminal lifestyle’ cannot be established, then confiscation will be limited to the amount benefited by the defendant in the criminal case.Hence if the court decides that the defendant has a ‘criminal lifestyle’ then the defendantwill be subject to a full financial investigation by the prosecution. Abrahams law POCA specialists will ensure that you have the best legal and financial Experts to deal with these difficult questions in this stressful and demanding process.
What is Criminal lifestyle in POCA ?
A ‘criminal lifestyle’ for the purposes of confiscation proceedings soes not equate to what Material wealth that an individual owns. It is a legal term which describes a defendant who falls into one of the following:
Where the offence falls into one of the following categories:
1. Drug trafficking offences, money laundering or financial crime, terrorism offences, people and arms trafficking, counterfeiting and copyright offences, prostitution industry offences, and blackmail
2. If the offence constitutes “conduct forming part of a course of criminal activityâ€. This means that in the recently finished case or in the last 6 years the defendant has been convicted of 3 or more offences from which he has benefited in the sum of £5000 or more.
3. Where the offence lasted for 6 months or more, according to the evidence in the case.
Benefit Figure
Abrahams Law POCA legal specialists is a team of experienced proceeds of crime solicitors will be well aware that the aim of a confiscation case is to get to the benefit figure, in the case of the defendant as low as possible as this is the amount that will probably be forfeited.
Why chose Abrahams law POCA investigations solicitors?
We at Abrahams Law POCA Investigations Solicitor have the best lawyers and forensic experts to deal with the details required in these investigations, this combined with our teams’ experience of dealing with the most complex frauds and serious crime make Abrahams Law POCA Investigations Solicitors best placed to defend you successfully.
Do you have a question about POCA matter?
Enquiry form which stays contiously right side of page etc