Asset Forfeiture, Confiscation & Civil Fraud

Overview

5SAH has an expert team of barristers who act for both applicants and respondents and have appeared in many of the leading cases in this ever-evolving niche area of law.

The barristers in the team have acted in some of the largest and most high-profile account freezing orders (AFO’s) and account forfeiture orders.

We are already providing lectures and seminars on the new cryptocurrency forfeiture provisions which came into force in April 2024.  We also specialise in challenges to investigation orders and warrants under POCA and PACE. 5SAH barristers have been instructed in some of the first cases involving these orders and lecture on them. They are the experts in this field.

The team are ranked in the Legal 500 and Chambers and Partners. Five of our junior barristers and one silk are individually ranked in the Legal 500 and in Chambers and Partners.

5SAH has a team of expert barristers with an established tradition of dealing with asset forfeiture and confiscation work. The team has been involved in this area of work for many years; and has since 2002 developed to respond to the demands of the frequent changes to the Proceeds of Crime Act 2002 and the areas of work that develop from this.

There has been a dramatic increase in the volume and complexity of cases concerning the forfeiture of assets said to have been derived from crime, in both civil and criminal proceedings, particularly since the introduction of AFOs.

5SAH is particularly recognised for its expertise in the niche area where family / matrimonial law and confiscation proceedings overlap.

In addition, the complex nature of the Proceeds of Crime Act 2002 and the Money Laundering Regulations Terrorist Financing and Transfer of Funds Regulations 2017 mean that advice is frequently sought. Our barristers have a reputation for providing effective and advice tailored to the specific requirements of our professional and lay clients alike.

Confiscation

Confiscation is the process which follows conviction in criminal proceedings and by which defendants are required to pay a sum of money up to the value of their criminal gain. Such proceedings historically took place under the Criminal Justice Act 1988, Drug Trafficking Act 1994, but our now almost exclusively under the Proceeds of Crime Act 2002.

Ancillary matters such as Restraint Orders, Disclosure Orders, Receiverships and other Enforcement provisions may involve litigation in the High Court, Crown Court, Magistrates’ Court, and in some cases, more than one court will have jurisdiction.

There may sometimes be conflicting claims from spouses or dependants which need to be resolved. We have acted for victims who seek to intervene in restraint and confiscation proceedings to ensure that their interests are not overlooked or overridden. 

The barristers of 5 St Andrew’s Hill have the knowledge and experience needed to advise in and handle all types of confiscation law cases.

Civil Recovery encompasses the two forms of the civil recovery process set out in Part 5 of the Proceeds of Crime Act 2002. These are non-conviction based in rem (against the property) proceedings which may lead to the forfeiture of assets.

• Civil Recovery Orders may be sought by the National Crime Agency or the Director of Public Prosecution in the High Court. Civil recovery proceedings may encompass Property Freezing Orders, Unexplained Wealth Orders, Disclosure Orders; and Production Orders.
• Summary Forfeiture Proceedings may be brought in the Magistrates’ Court. These proceedings which were initially confined to cash, now include the monies held in bank accounts, listed assets (such as gold and watches); and more recently cryptocurrency. 

Condemnation proceedings are the civil process whereby the seizures of goods by HM Revenue & Customs or Border Force may be challenged in the High Court or Magistrates’ Court under the Customs and Excise Management Act 1979. Alternative remedies may also be pursued in the VAT and Duties Tribunal.

This procedure most commonly applies where tobacco or alcohol have been seized, but it may also involve the vehicles used to transport the tobacco/alcohol, endangered species, goods subject to sanctions or export control. An associated area is Restoration, where appeals may be made under the Finance Act 2004 to the First Tier Tribunal.

Civil Fraud is where a civil claim is brought or contemplated by a person who has been defrauded with a view to the recovery of the loss caused by the alleged fraudster.

The preparation for the bringing of a civil fraud claim may encompass the obtaining or Freezing Orders (Mareva Injunctions) or Search and Seizure (Anton Piller) Orders in the High Court, or Norwich Pharmacaal Orders (a type of disclosure order).

These cases are rarely straightforward.  There can be concurrent criminal and civil proceedings. Our barristers can advise and act for claimants as well as defendants. In some cases, the victim of an alleged crime may obtain a more speedy and effective recovery via civil proceedings than by waiting for the outcome of criminal proceedings. We can help to advise you.

Often clients have linked proceedings, which may involve other areas of practice which 5SAH Chambers can help with.