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12 May 2023 / Andrew Katzen , Olivia Dwan
Issue: 8024 / Categories: Features , Criminal , Freezing orders
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An expanding toolbox for proceeds of crime

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Andrew Katzen & Olivia Dwan analyse what the growing dominance of civil proceedings in proceeds of crime means for practitioners
  • Once dominated by criminal proceedings, proceeds of crime cases are now primarily enforced using civil remedies.
  • Account freezing and forfeiture orders (AFOs) have recently come to play a particularly significant role in enforcement’s proceeds of crime efforts.
  • Despite the relative ease with which enforcement can obtain AFOs, there is much that the holders of targeted accounts and affected third parties can do to defend their positions.

The past 25 years have seen significant changes to the way proceeds of crime law operates in England and Wales. Once dominated by criminal proceedings, this area of law is now primarily enforced using civil remedies.

The main drivers of this change are the Proceeds of Crime Act 2002 (POCA 2002) and the Criminal Finances Act 2017 (CFA 2017), both of which introduced different tools to enable enforcement agencies to make use of civil powers in these matters.

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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