Who put the civil into proceeds of crime cases? Civil remedies such as account freezing (AFOs) and forfeiture orders have come to dominate what was once an overwhelmingly criminal concern, Hickman & Rose partner Andrew Katzen and associate Olivia Dwan write in this week’s NLJ.
Katzen and Dwan look at the various remedies available, outlining the peculiarities, popularity and pros and cons of each. For example, unexplained wealth orders (also known informally as ‘McMafia Orders’) ‘have not lived up to their promise’, whereas AFOs are frequently used.
The authors also look at the means available to challenge an AFO, and how to assess whether or not it is worth it. They note that this is a complex area of law and that ‘there is a significant gap in amounts of money frozen, and the amounts that are eventually seized’.
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