header-logo header-logo

12 May 2023 / Andrew Katzen , Olivia Dwan
Issue: 8024 / Categories: Features , Criminal , Freezing orders
printer mail-detail

An expanding toolbox for proceeds of crime

121612
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.

Of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll