Proceeds of Crime Act Solicitors
At Draycott Browne, our Proceeds of Crime Solicitors provide strategic, high-level legal defence for individuals and businesses facing proceedings under the Proceeds of Crime Act (POCA). Whether you are subject to a restraint order, confiscation proceedings, or an Unexplained Wealth Order, the stakes are immediate and significant, with your finances, reputation and future all on the line.
The POCA (2002) gives law enforcement agencies extensive powers to freeze, seize and recover assets believed to be the proceeds of criminal activity. These powers can be used before a conviction is secured, and the burden often shifts to the accused to prove the legitimacy of their assets. Without early intervention and expert legal representation, even lawfully acquired property may be at risk.
Our experienced team of POCA Solicitors act with urgency to protect your interests, challenge enforcement action, and prepare a robust defence. We are nationally recognised for our technical quality, strategic insight and successful outcomes in high-value financial investigations. From early intervention to post-conviction defence, we offer clarity, precision and unwavering commitment at every stage.
The department is led by Helen Lynch, one of the UK’s most respected POCA Specialists, with extensive experience in complex fraud, financial crime and asset recovery cases. Helen’s leadership ensures every client benefits from an expert, tailored approach to POCA proceedings.
When facing action under the Proceeds of Crime Act (2002), early representation is critical. Contact our Proceeds of Crime Solicitors today for immediate legal advice and dedicated support.
How can our POCA Solicitors Help?
At Draycott Browne, our Proceeds of Crime Solicitors act quickly and decisively when individuals or businesses are exposed to POCA investigations or enforcement action. From the moment you make contact, we provide clear advice, take control of communications with the authorities, and begin building a robust defence strategy designed to protect your assets and your future.
We understand that POCA Proceedings are often used aggressively and can develop alongside criminal, civil and regulatory action. Our role is to limit exposure, challenge assumptions, and ensure that enforcement powers are applied lawfully and proportionately.
Our Proceeds of Crime Solicitors can assist by:
- Advising immediately when you are contacted or investigated under POCA
- Representing you during interviews and all interactions with enforcement agencies
- Challenging restraint orders and applications to freeze assets
- Defending confiscation proceedings and inflated benefit calculations
- Protecting third party interests and legitimate business assets
- Challenging civil recovery and asset forfeiture action
- Advising professionals and businesses facing POCA related regulatory risk
POCA cases move quickly and delays can result in irreversible financial consequences. Early advice can make a decisive difference in protecting your position and preventing matters from escalating unnecessarily.
Our legal team is available seven days a week to provide urgent advice and representation. If you or your business are facing POCA Proceedings at any stage, contact Draycott Browne today for expert legal support and determined defence.
When you are facing the most serious financial and legal challenges, you cannot afford to settle for anything less than Draycott Browne.
Dedicated expertise for defending all allegations of POCA offences.
Our Expert POCA Solicitors
Specialist Support Across All POCA Proceedings
At Draycott Browne, we provide expert legal representation across every stage of enforcement under the Proceeds of Crime Act. POCA powers are wide ranging and can be used aggressively, often before any criminal charge has been brought. Our Proceeds of Crime Solicitors act decisively to protect assets, challenge overreach, and prevent irreversible financial and reputational harm.
POCA proceedings frequently involve parallel action across criminal, civil and regulatory routes. Asset restraint, seizure and recovery can escalate rapidly, placing the burden on individuals and businesses to justify their financial position. Early intervention by experienced POCA Solicitors is critical to maintaining control and limiting exposure.
We provide specialist advice and representation across all key areas of POCA enforcement, including:
Asset Forfeiture
Asset forfeiture proceedings allow the authorities to pursue cash, property and other assets through civil recovery powers, even where no criminal conviction has been secured. These cases are often built on assumptions and financial inferences, placing the burden on the individual to demonstrate that assets were lawfully obtained.
Our Asset Forfeiture Solicitors provide robust defence against civil recovery and forfeiture applications, challenging the evidential basis relied upon by enforcement agencies. We analyse the alleged link between assets and criminal conduct, scrutinise financial tracing evidence, and expose weaknesses in the prosecution’s case.
Civil forfeiture can have devastating consequences if left unchallenged. Early legal intervention allows us to resist recovery action, protect legitimate assets, and prevent forfeiture proceedings from expanding into wider POCA enforcement or related criminal investigations.
Bank Freezing Orders
Bank Freezing Orders can be imposed without notice and have an immediate impact on both personal finances and business operations. Accounts may be frozen on suspicion alone, preventing access to funds needed for day to day living expenses, payroll, or ongoing commercial activity.
Our AFO Lawyers act urgently to challenge Account Freezing Orders and minimise financial disruption. We advise on applications to vary or discharge freezing orders, make representations to release funds for essential expenses, and contest the evidential grounds relied upon to justify continued restraint.
These orders are often used as a pressure tactic within wider POCA investigations. By engaging experienced POCA Solicitors at the earliest stage, we work to regain control, protect cash flow, and prevent freezing action from developing into forfeiture or confiscation proceedings.
Confiscation
Confiscation proceedings are used after conviction to recover assets the prosecution alleges represent the financial benefit of criminal conduct. These proceedings are often as serious as the criminal case itself, with the court required to assess benefit figures, available assets, and whether criminal lifestyle assumptions apply.
Our Confiscation Order Solicitors provide focused and technically precise representation throughout confiscation proceedings. We challenge inflated benefit calculations, dispute criminal lifestyle allegations, and ensure that only assets genuinely connected to offending are brought into account. Where appropriate, we also contest assumptions applied to historic income and expenditure that can significantly increase financial exposure.
Confiscation orders can result in substantial financial demands that far exceed any actual profit made. Early and strategic defence is essential to limit liability, protect legitimate property, and prevent enforcement action that could lead to default sentences or further POCA proceedings.
Dawn Raids & Seizures
Dawn raids are one of the most disruptive enforcement tools used during POCA investigations and often take place without warning at residential or commercial premises. Investigators may seize documents, electronic devices, cash and other assets in an effort to identify property they believe is linked to criminal activity.
Our Dawn Raids Solicitors provide immediate advice and representation from the moment enforcement officers arrive. We advise on your rights during a search, review the scope and validity of warrants, and ensure investigators do not exceed their lawful powers. Where privileged material is seized or procedures are not properly followed, we act quickly to challenge the legality of the search and recover unlawfully taken items.
How a dawn raid is handled can shape the entire investigation. Prompt legal support helps control the situation, protect your position, and prevent search activity from escalating into unnecessary asset restraint or wider POCA enforcement.
Restraint Orders
Restraint orders are used during the course of a criminal investigation to freeze assets pending the outcome of proceedings. These orders can be imposed at an early stage, sometimes before any charge has been brought, and may extend to bank accounts, property, business interests and assets held by third parties.
Our Restraint Order Solicitors act swiftly to challenge the scope and necessity of restraint orders and to prevent disproportionate financial harm. We advise on applications to vary restraint to cover reasonable living expenses, business costs and legal fees, and ensure that restraint is not applied beyond what is lawfully justified.
If left unchallenged, restraint orders can place severe pressure on individuals and businesses and can significantly weaken a client’s ability to defend themselves. Early and strategic legal intervention is essential to protect cash flow, preserve legitimate assets and prevent restraint from escalating into confiscation or civil recovery proceedings.
Seizures by Border Force & HMRC
Border Force and HMRC have wide ranging powers to seize cash and other assets at airports, ports and borders where there is suspicion that the property represents the proceeds of crime or is intended for unlawful use. These seizures often take place suddenly and can involve significant sums or items connected to legitimate travel or commercial activity.
Our HMRC & Customs Seizure Solicitors provide urgent advice following seizure and act quickly to challenge the legal basis relied upon by enforcement officers. We assess whether the statutory thresholds for seizure have been met, advise on evidential requirements, and make representations to secure the return of lawfully acquired property.
Where forfeiture proceedings are commenced, we represent clients throughout the process and challenge assumptions made about the origin and intended use of seized assets. Prompt legal advice is critical, as strict deadlines apply and early errors can severely undermine the prospects of recovery.
Case Study
Liverpool's Longest Fraud Trial
26 October 2018
In the longest fraud trial Liverpool's Crown Court has seen, Rob Mann of Draycott Browne conducted the successful representation of former Conservative councillor David Richard Barton. A not guilty verdict was returned after 137 days of trial allowing David to finally put his life back on track.
Specialist Proceeds of Crime Solicitors
- 24/7 Availability
- Proven Success in High Profile Cases
- Non-Judgemental Representation Tailored to Your Situation
Protect your future with trusted, expert legal defence—contact Draycott Browne’s POCA Defence Solicitors today.
Specialist Legal Defence in Proceeds of Crime Investigations
Our expertise in POCA matters extends beyond representation in court. We provide detailed legal guidance across the full range of asset recovery powers available to the authorities under the Proceeds of Crime Act (2002).
POCA proceedings are highly technical and can involve parallel investigations into criminal property, money laundering, and regulated sector compliance. Whether or not a conviction has taken place, the authorities can take steps to investigate and seize assets believed to be linked to criminal conduct.
As part of your defence, our Proceeds of Crime Solicitors will:
- Analyse allegations and advise on the likely scope of POCA proceedings
- Challenge assumptions around criminal lifestyle and benefit figures
- Protect third-party rights and legitimate business interests
- Advise on the disclosure of income sources and rebuttal of suspicious asset claims
- Represent you in restraint, confiscation and civil recovery proceedings
- Challenge Unexplained Wealth Orders and cash seizure actions
- Advise professionals accused of regulatory failures under money laundering laws
We understand the investigative methods used by agencies such as the Serious Fraud Office (SFO), HMRC, NCA, and UK Border Force, and we work swiftly to limit the impact of asset restraint and reputational damage.
POCA proceedings can escalate rapidly and often place the burden on the individual to justify their financial position. If you are concerned about how your assets may be affected, or have been contacted by investigators, you should seek expert advice immediately.
24 Hour Availability
POCA investigations rarely unfold at a convenient time. Arrests, dawn raids, restraint orders and asset seizures can occur without warning, often outside normal working hours. That is why our Proceeds of Crime Solicitors are available 24 hours a day, 7 days a week.
When you contact Draycott Browne, you will have immediate access to expert legal advice and urgent representation. Whether you are facing a dawn raid at your home or business, attending a police station interview, or dealing with sudden asset restraint or seizure, our team can act at once to protect your rights and your assets.
The earliest stages of a POCA investigation are often the most critical. Early representation by experienced Proceeds of Crime Solicitors ensures that enforcement powers are properly challenged, your position is protected from the outset, and no step is taken without a clear and considered defence strategy in place.
Legal Aid
Defending POCA proceedings can place significant financial pressure on individuals and businesses, particularly where assets have been frozen or restrained at an early stage. In some cases, financial support may be available through the Legal Aid scheme.
At Draycott Browne, our experienced Legal Aid Solicitors can assess whether you are eligible for Legal Aid and guide you through the application process from the outset. We advise clearly on eligibility, assist with the required financial information, and work to secure the maximum level of support available under the scheme.
Access to justice is critical in POCA cases, where early decisions can have long term financial consequences. Where Legal Aid is available, we ensure that your rights are protected and that you receive high quality legal representation at every stage of the proceedings.
Private Funding
At Draycott Browne, we continue to support clients who qualify for Legal Aid. However, it is important to understand that Legal Aid funding places limits on the level of preparation, resources and strategic input available in POCA cases, which are often financially intensive and technically demanding.
Choosing to fund your defence privately ensures access to the highest standard of legal advice and representation. Our Private Criminal Defence Solicitors are able to dedicate greater time, expertise and resources to every aspect of your case, allowing for a more detailed and proactive defence strategy from the outset.
Private funding allows us to work extensively on asset tracing, financial analysis and evidential challenges, and to instruct specialist professionals where required. This level of preparation is often critical in POCA proceedings, where benefit calculations, lifestyle assumptions and asset recovery action can carry severe long term consequences.
If you are facing proceedings under the Proceeds of Crime Act, we strongly advise considering private funding as the best way to secure the strongest possible defence and protect your financial position. In serious POCA matters, the quality and depth of representation can make a decisive difference to the outcome.
Frequently Asked Questions for POCA Proceedings
The proceeds of crime are any money, property or assets obtained as a result of criminal conduct, whether directly or indirectly. This can include cash, bank funds, vehicles, real estate, investments, business interests and other valuable property, even where those assets have changed hands or are held in someone else’s name.
Under the Proceeds of Crime Act 2002, the authorities have wide powers to investigate, restrain and recover assets they believe represent criminal benefit. These powers can be exercised before a conviction and often require the individual to prove that assets were lawfully acquired.
Allegations involving the proceeds of crime are serious and can place legitimate assets at risk if not addressed early. Our Proceeds of Crime Solicitors advise on how these allegations arise, challenge unlawful assumptions, and act to protect property that has been acquired through legitimate means.
The Proceeds of Crime Act criminalises the use of any asset, such as money, property, or goods, that has been obtained through criminal conduct.
Designed to take the profit out of crime, the two main aims of The Proceeds of Crime Act 2002 (POCA) are to curb money laundering activities and deprive criminals of the proceeds of their crimes.
The Act sets the investigative powers available to the enforcement agencies such as search, seizure, restraint and freezing of assets, and the legislative framework for the recovery of criminal assets.
Having the power to confiscate assets that have been obtained through criminal activity allows the authorities to deny criminals the use of these assets, recover the proceeds, and deter others.
Sections 327-329 of POCA make it a money laundering offence to deal with the proceeds, or ‘benefit’, of crime in the following three broad ways
- concealing criminal property
- entering into an arrangement to keep, use or control criminal property
- possession of criminal property.
In this way, POCA reformed the legislation around the proceeds of crime to cover a wider range of offences including white collar crime, drug offences and money laundering, and made a specific offence of failing to report money laundering in the “regulated” sector which includes banks, financial institutions, solicitors, estate agents, accountants and tax advisors, among others.
If it is believed that an asset was the benefit of criminal conduct then potentially it could be confiscated.
If you or someone you know is facing charges under the Proceeds of Crime Act, speak to one of our experienced POCA Solicitors today.
“Criminal property” is any property that represents a benefit of criminal conduct.
POCA is regularly used by the police and non-police agencies in order to recover criminal property in a wide spectrum of proceedings ranging from benefit fraud, copyright infringement and rogue trading to tax evasion, bribery and money laundering.
To prove that any property is “criminal property”, the prosecutor must show that:
- The property constitutes or represents benefit from criminal conduct, in whole or in part, either directly or indirectly; and
- The defendant knows or suspects that it constitutes or represents such a benefit [section 340(3)].
Property includes money, all forms of property or real estate, and other intangible assets such as intellectual property, brands, shares or mortgages.
Our Proceeds of Crime Solicitors regularly act in cases where property has been wrongly or aggressively categorised as criminal. We analyse the evidence relied upon, challenge unlawful inferences, and take decisive steps to protect assets that have been acquired through legitimate means.
In seeking to recover the proceeds of crime, the courts will calculate a figure that represents the financial benefits of the crime committed.
However, for the purposes of POCA, it is not the money or property that is actually kept or gained from the criminal activity that matters. It is the money or property that passes through someone’s hands.
For this reason, POCA orders are often made over and above the actual amount that a defendant profited from their criminal conduct.
For example, if a drug dealer sells £5,000 of drugs, his benefit figure will be £5,000 regardless of how much he bought the drugs for.
Broadly speaking, where the defendant has been convicted of an offence listed under Schedule 2 of the Proceeds of Crime Act 2002, or has benefitted from £5,000 or more over the course of 6 months or more, they are said to have committed a lifestyle offence.
If the tests for a criminal lifestyle have been met, the Crown is able to significantly increase the benefit figure and the effects can be devastating.
If the lifestyle provisions apply the Court is able to assume that anything bought or transferred to the defendant within the last 6 years was obtained as a result of the crime, and the value of these assets will be added to the benefit figure.
The burden of proof is on the defendant to show that a source of income was legitimate.
If you find yourself accused or convicted of a criminal offence and are concerned about the provisions of POCA you should seek the best legal advice available to maximise the possibility of protecting the assets being called into question.
Regulated Sector Offences
It is an offence for business and individuals operating in a regulated sector to fail to disclose suspicions of money laundering discovered in the conduct of their business.
This offence can even be committed even when a person fails to suspect money laundering when they should have done.
Money laundering officers within a regulated organisation fail to make an external disclosure after receiving information that gives rise to grounds for suspicion, may also be liable.
Furthermore, it is also an offence to “tip off” a person that a money laundering investigation is taking place or that a Suspicious Activity Report (SAR) has been submitted.
At Draycott Browne we deal with POCA and money laundering cases in the regulated sector nationwide and have the expertise to deal with the difficult issues that arise.
Restraint and freezing orders
A restraint order is used to ‘freeze’ or preserve the property and bank accounts of a suspect or defendant at any time from the start of an investigation until its conclusion, to prevent the assets being sold or de-valued prior to a conviction.
Restraint orders may be made against the defendant or person under investigation, and any other person holding realisable property.
Confiscation orders
A confiscation order is made against a convicted defendant requiring him or her to pay the amount determined by the court.
Civil recovery
A civil recovery order allows for the recovery of assets without a criminal conviction taking place, but where it can be proven on the balance of probability that the assets were acquired through unlawful means.
Cash seizures
Cash seizures usually occur at a stop and search by the police, at an international border or at a business premises where the police or customs officer suspects that the money came from or was intended for criminal activity.
Unexplained Wealth Orders (UWO’s)
Unexplained Wealth Orders (UWO) came into force in January 2018 to help authorities identify and seize property suspected to have been bought by laundered criminal funds, most commonly from foreign sources.
The High Court may, on an application made by an enforcement agency, make an unexplained wealth order (UWO) in respect of any property under suspicion. The respondent is required to explain how the asset was acquired.
If an adequate explanation is not provided, or the evidence offered is unsatisfactory, the asset will be considered “recoverable property” for the purposes of a civil recovery order under POCA.
So far, UWOs have only been used a small number of times but they are expected to become more common.
Seizures by Border Force & HMRC
Cash and other items can be seized by the UK Border Force, HMRC and other government enforcement agencies at the border under several different pieces of legislation including POCA.
Related Areas
Contact our Proceeds of Crime Lawyers
The POCA Solicitors at Draycott Browne, are widely recognised as one of the North of England's leading team of Criminal Defence Solicitors with specialist fraud, money laundering and business crime expertise.
Contact us today by calling the number at the top of this page. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.
We are highly regarded nationally across the legal profession and noted for consistently delivering positive results. Our team of Proceeds of Crime Solicitors possess a breadth of technical knowledge and experience of POCA Investigations and will provide you with the expertise needed throughout the process.
Our team of Criminal Defence Lawyers regularly act for clients in London and throughout Midlands and of course the North West including clients from Birmingham and Liverpool. By entrusting Draycott Browne, one of the top Criminal Defence Law Firms in the country, you can be assured that you will be working with a team of highly skilled and experienced lawyers who have a thorough and comprehensive knowledge of the law.
Our legal team is available 7 days a week. For expert legal advice or representation, call Draycott Browne today.
When you are facing the stiffest challenge, you cannot afford to settle for anything less than Draycott Browne.