Since 2002, the law has permitted police officers or customs officials to seize cash above the value of £1,000 if they believe this money is going to be used in an illegal way or if they suspect that it has come from an illegal source. If you find yourself subject to cash seizure proceedings, this will undoubtedly be a stressful and confusing experience. In most cases, people are unsure about what steps authorities are permitted to take, and what the appropriate methods are for challenging the seizure of their money.
I specialise in providing legal representation in relation to all accusations of financial crime, and can provide the strongest defence on behalf of those subject to confiscation proceedings, challenging the seizing of cash and helping you retain your assets. The law in respect of recovering the alleged proceeds of crime can be extremely harsh and in many cases will be strictly enforced, but you can be sure that I have the required skills, knowledge and determination to ruthlessly develop a top-level strategy on your behalf. Call me today to find out how we can help.
WHAT IS THE LAW IN RESPECT OF CASH SEIZURES?
The Proceeds of Crime Act 2002 (POCA) gives authorities such as the police and customs officials the power to seize sums of cash of £1,000 or more, in any currency, cheques or bonds, if they have grounds for suspecting that it has come from, or is intended to be used to commit a crime. Once this cash has been seized it can then be detained for a period of up to 48 hours, after which the Magistrates’ Court requires to be satisfied that the grounds for suspicion are reasonable. If the Court decides that the seizure is reasonable and that the continued detention of the money is justified for the purpose of completing investigations into its source and intended use, the cash will continue to be held by the authorities. Dependent upon the outcome of an investigation following a cash seizure, an application may subsequently be made by prosecutors for forfeiture under POCA.
HOW CAN CASH SEIZURES BE CHALLENGED?
If you are subject to a cash seizure under POCA, it is essential that you seek legal advice as soon as possible to give yourself the strongest chance of successfully challenging the detention of your money. It is regularly the case that cash seizures are made following a raid by police on an individual’s home or business premises.
In many cases, clients will seek to challenge a cash seizure on the basis that the money is from a legitimate source, or by claiming that they are the rightful owner of cash that has been seized from another party or associated premises. If an individual is able to prove that money has not been illegally procured or intended for a criminal purpose, then they will be able to recover it. I have many years of experience in representing clients in relation to alleged financial crimes and I am best placed to help you recover any seized cash.
If you need any further help and advice regarding cash seizures please contact me via my mobile or on the enquiry page via my website. I have a wealth of experience dealing with the prosecution, defence and investigations into all aspect of financial crime.