header-logo header-logo

An expanding toolbox for proceeds of crime

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll