Contact number
(020) 7822 7777About
Provided by Peters & Peters Solicitors LLP
A restraint order can be made against a suspect or defendant in criminal proceedings to freeze assets worldwide where the authorities believe they may be liable to confiscation following a trial. Confiscation proceedings are brought following a conviction and enable the authorities to deprive the defendant of the financial benefit of his crime. In some circumstances, Restraint & Confiscation orders can also be made against third parties.
We have extensive experience in advising clients and third parties affected by such proceedings, often leading to variation or discharge of any prohibiting orders. We have successfully challenged a number of restraint orders made at the request of overseas authorities.
The Proceeds of Crime Act 2002 enables the police or customs to seize cash of more than £1,000 if they believe that the cash is the proceeds of crime or intended for use in unlawful conduct. Peters & Peters can help challenge cash seizures and/or consequent forfeiture proceedings, often resulting in money being returned and the recovery of costs.
Our lawyers specialise in:
- Acting in pre-charge and post-charge restraint proceedings
- Dealing with post-conviction confiscation proceedings
- Advising third parties faced with the exercise of compulsory powers under proceeds of crime legislation
- Acting in Magistrates’ Court cash seizure proceedings
- Cash Seizure & Forfeiture
Chambers Review
Peter & Peters Solicitors has a respected financial crime practice regularly advising high-profile individuals on POCA issues arising from investigations and prosecutions. The team is active in representing clients in account freezing and cash seizure orders and also offers advice on restraint, with particular experience advising affected third parties. It is a popular choice for clients involved in high-profile, high-value and cross-border proceedings. The firm also advises on anti-money laundering compliance.
Strengths
Provided by Chambers
"The team has all the necessary competences. If there is a need for additional specialists, the team can quickly find a specialist and organise their participation in the team."
"The team has all the necessary competences. If there is a need for additional specialists, the team can quickly find a specialist and organise their participation in the team."
Notable Practitioners
Anna Bradshaw has an excellent reputation in the POCA space and is a well-known expert in anti-money laundering. She is also recommended for her specialist knowledge of economic sanctions.
"She's an excellent specialist."
"I was extremely impressed with her thoroughness and the detail to which she went on the legal issues."
"Anna provides excellent service and sophisticated, expert advice that is pertinent to the client's business."
Neil Swift stands out for his work defending clients accused of money laundering, as well as on related restraint orders and forfeiture proceedings. He assists clients in their dealings with the SFO and FCA and can also offer advice on cross-border issues.
"Neil's a delight. He's really personable, measured and super calm. He's the man you need in a crisis and is a very good lawyer."
"He's always in command of a case and is brilliant to work with."
Maria Cronin is fast becoming a go-to lawyer for POCA matters, including those arising out of investigations into alleged corruption, conspiracy and money laundering.
"Maria is meticulous on the detail, surefooted on advice, inspires confidence and is extremely reassuring. She's also really easy going and lovely to work with."