Proceeds Of Crime Act 2002 (POCA)
We specialise in defending clients facing prosecution under the Proceeds of Crime Act 2002 (POCA). Our firm is one of the few in Nuneaton and Warwickshire with a dedicated Proceeds of Crime Solicitor.
Ryan Downes and his team have successfully saved our clients over £100 million and defended post-order enforcement proceedings, protecting clients from having default sentences activated for non-payment of Confiscation Orders.
As a full-service criminal law firm, we also defend clients on any charges related to POCA proceedings.
Based in our city centre offices in Nuneaton, we are a diverse, multi-lingual law firm using best-in-class technology to provide clients with streamlined, modern, and highly effective criminal defence. With years of experience in criminal law, we have established relationships with some of the UK’s best Barristers and King’s Counsel. Our clients benefit from our ability to instruct the country’s most respected expert witnesses to support a not guilty plea or mitigate sentencing.
Advising and Representing Individuals Accused of Criminal Offences
We are highly recommended for our expertise in criminal defence for those accused of crimes and/or benefitting from the proceeds of crime. Our solicitors specialise in preparing clients’ briefs and tailoring their defence to the specifics of their case. Our commitment to understanding our clients’ circumstances and defending them throughout their criminal charges has achieved exceptional results.
Our criminal law team has extensive experience defending serious criminal charges, including POCA actions. We work with the country’s top expert witnesses to provide trusted advice and representation. We know that your reputation, financial security, and possibly your freedom are at stake – we never give up until every appeal is exhausted.
Common Questions About POCA
What are proceeds of crime?
Under POCA 2002, if you have financially gained from a criminal offence, you may face confiscation proceedings even after conviction, sentencing, and serving time in prison. The Prosecution will assess any benefits gained and take steps to recover the amount from any assets you have.
What is meant by a criminal lifestyle?
If convicted of a criminal offence, the Prosecution in POCA proceedings may argue you have a ‘criminal lifestyle’. This means you have committed a specified offence under POCA 2002, benefited economically from a series of criminal activities, or the offence was committed over six months or more.
If the Court rules you have a criminal lifestyle, the Prosecution can examine the last six years of your financial history to see if any other funds or assets may be linked to criminal activity. If they find it, they can confiscate it or demand repayment.
What is the difference between the ‘benefit amount’ and the ‘available amount’?
The benefit amount is the sum the Prosecution calculates you have made from criminal activity, while the available amount refers to the funds you actually have, whether liquid or held in assets. If the available amount is less than the benefit amount, the Prosecution can make an Upward Order on the Confiscation Order. This means if your financial situation improves in the future, you can be made to pay the full benefit amount.
Prosecutors often overestimate/inflate the benefit amount. We instruct forensic accountants to ensure the figure presented to the Court is accurate. We have a track record of reducing the benefit amount, saving our clients thousands of pounds.
What are hidden assets?
If the Prosecution believes you have deliberately concealed assets, the burden is on you to prove otherwise. If you cannot show that no hidden assets exist, the Prosecution is likely to inflate the benefit amount figure.
To fight this tactic, you need specialist legal advice and representation. We will prove to the Court that no hidden assets exist, ensuring you do not receive further penalties for non-payment.
Why Choose Us?
Regardless of the charges against you, you are entitled to a criminal defence. We do not judge our clients; our only objective is to defend you against the Prosecution’s allegations. Few law firms in the country have our experience and track record of success in POCA proceedings. Whether you have been convicted of organised crime activities or white-collar fraud, we will work tirelessly to protect your best interests. The most important factor is to contact us as soon as you become aware of the criminal charges brought against you.
Cocks Lloyd Solicitors provides exceptional Proceeds Of Crime Act 2002 (POCA) and Business Crime & Regulatory Investigation services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Proceeds Of Crime Act 2002 (POCA) and Business Crime & Regulatory Investigation, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.