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
POCA Proceedings We Defend
The Proceeds of Crime Act 2002 (POCA) gives enforcement authorities wide ranging powers to restrain, seize, recover and confiscate assets believed to be connected to criminal conduct. These powers can be used during investigations, after conviction, and in some cases where no criminal charges have been brought.
At Draycott Browne, our Proceeds of Crime Solicitors represent individuals and businesses facing every stage of POCA enforcement. We provide strategic legal advice from the earliest opportunity, protecting assets, challenging enforcement action, and building a robust defence against financial recovery proceedings.
Asset Forfeiture, involves applications to permanently recover cash, property, vehicles, or other assets that enforcement authorities believe represent the proceeds of crime. These proceedings are often brought through the civil courts and may proceed even where no criminal conviction has been secured.
Bank Freezing Orders, allow enforcement authorities to freeze funds held in bank or building society accounts where they suspect the money is connected to criminal activity. These orders can be made without prior notice and may significantly affect both personal finances and business operations.
Confiscation Orders, are made following conviction where the prosecution alleges a defendant has financially benefited from criminal conduct. The court will assess the value of any criminal benefit alongside the assets available to satisfy a confiscation order.
Dawn Raids and Seizures, involve investigators executing search warrants at homes or business premises to seize documents, electronic devices, cash, and other property believed to be relevant to a criminal investigation or POCA proceedings.
Restraint Orders, prevent individuals or businesses from selling, transferring, or dealing with assets whilst a criminal investigation or prosecution remains ongoing. These orders can affect bank accounts, property, business interests, and other valuable assets.
Border Force and HMRC Seizures, involve cash, goods, or other property being detained at airports, ports, or border crossings where officers suspect the assets represent the proceeds of crime or are intended for unlawful use.
If you are facing any form of POCA investigation or asset recovery proceedings, obtaining specialist legal advice as early as possible is essential. Our experienced POCA Solicitors provide strategic advice from the outset, protecting your assets and challenging enforcement action at every stage.
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.
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.
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.
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.