Scarmans

Proceeds of Crime, Asset Recovery & Money Laundering

Scarmans has unparalleled experience and expertise in relation to all matters under the Proceeds of Crime (POCA) 2002 including money laundering under Part 7 of POCA 2002.

POCA 2002 is the mammoth piece of legislation that came into force on 24th February 2003, which has codified, the laws in England and Wales in relation to money laundering and recovery of assets by the State using both criminal and civil procedures in the Magistrates Court, Crown Court and the High Court.

Scarmans POCA, Money Laundering and Asset Recovery team is led by Muthupandi Ganesan, Barrister, who has specialised in this field for the past 10 years working on range of complex and high value cases both in civil and criminal asset recovery nationally and internationally.

CIVIL ASSET RECOVERY

Scarmans has a wealth of experience in representing clients in the following areas of civil asset recovery:

Property Freezing Orders / Freezing Orders: These are pre-claim Property Freezing Orders that can be obtained by enforcement agencies against properties pending the issuing of a civil recovery claim.

Civil Recovery Claim: Part 5 of POCA 2002 enables civil recovery claims that can be issued by the enforcement agencies such as the National Crime Agency and/or the Serious Fraud Office for claim over certain properties on the basis that the the property has been derived from unlawful conduct, thus proceeds of crime.

Tax Recovery / Tax Assessment: Part 6 of POCA 2002 enables the claims that can be issued by the National Crime Agency for recovering of tax on income derived from Proceeds of Crime. Tax Recovery / Tax Assessment can go back for a period of over 20 years. Tax Recovery / Revenue claims are heard in the High Court and tax appeals are heard in the Tax Tribunal.

Cash forfeiture: Part 5, Chapter of 3 of POCA 2002 enables recovery of cash seized by the enforcement agencies on the basis that the cash is derived from unlawful conduct and thus proceeds of crime. Cash forfeiture applications are heard by the Magistrates Court with an automatic right of appeal to the Crown Court.

CRIMINAL ASSET RECOVERY

Confiscation Orders: Part 2 of POCA 2002 enables Confiscation Orders to be made in the Crown Court post-conviction based on intricate and complex set of rules on the calculation of ‘benefit’, ‘recoverable amount’ and the ‘available amount’. Confiscation Orders are extremely draconian, which can have serious impact on the assets of the individual and his/her family. Recent changes by the Serious Crime Act 2015 now enables interested third parties to have the ability to have their interest in a property assessed by the Crown Court at the time of the making the Confiscation Order rather than during the enforcement proceedings. It is important any interested 3rd parties must join as a interested 3rd party pursuant to section 10A of POCA 2002 (as amended) to ensure that their interest is protected.

Restraint Orders: Restraint Orders are the equivalent of ‘Freezing Orders’ in the Crown Court, where by assets and property can be frozen pending the conclusion of criminal investigation. Restraint Orders can have severe impact on businesses and individual’s family life.

Enforcement of Confiscation Order: Once a confiscation order is made, the defendant usually has up to 6 months in which to pay the confiscation order. A failure to pay the confiscation order can lead to imprisonment in default of up to 14 years with automatic accrual of interest on the confiscation orders outstanding.

Scarmans has experience representing clients in complex confiscation proceedings in the Crown Court as well as in high value civil recovery claims in the High Court. Scarmans has advised on matters both nationally and internationally.
Money Laundering

Scarmans has in-depth experience in representing clients on multi-handed and complex money laundering investigations and enquiries. Scarmans has been involved investigations by the major enforcement agencies including the National Crime Agency, HM Revenue & Customs, UK Visas and Immigration, Financial Conduct Authority and the National Illegal Money Lending Team.

Muthupandi Ganesan lectures internationally on Anti-money laundering issues and has trained enforcement agencies, police, lawyers in various countries including Germany, Sweden, Russia, Romania, Kyrgyzstan, UK, Barbados and India.

For more information, please contact Muthupandi Ganesan (Head of POCA, Money Laundering and Asset Recovery team) either by e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) or call +44 (0) 20 3693 7190.
 

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10 Lower Thames Street, London, EC3R 6AF
T: 0203 976 2452
E: email@scarmans.co.uk