POCA & Asset Recovery

Requirements to be met by defendant seeking variation of restraint order to pay legal fees when Prosecution allege that defendant has assets hidden out of the jurisdiction.

Contested account freezing orders, on behalf of the respondents (Wimbledon MC, May 2020 to 2022).

Serious Fraud Office v Saleh [2015] Lloyd’s Rep F.C. 629

Representing the NCA in the first appeal to flow from a contempt conviction for making false statements in PCA 2002 restraint proceedings.

Acting for the Crown in confiscation proceedings arising from a £266m money laundering operation.

Acting alone, advised the Respondent to account forfeiture proceedings brought by Kent Police, and parallel tax tribunal proceedings against HMRC.

Asset forfeiture proceedings for the respondent, recently resolved (Westminster Magistrates Court, December 2019-September 2020).

Representing a private landlord in confiscation proceedings following conviction for planning breaches.

Dismissing G’s appeal against a decision to make a general civil restraint order [GCRO] and the refusal to set it aside.

Currently instructed by the Financial Conduct Authority as sole POCA counsel on two separate confiscation investigations, as well as related cash forfeiture proceedings.

Sinclair v Glatt [2009] 1 WLR 1845

Acting for an offshore SPV in an important case concerning the true scope of the POCA legislation, and in particular establishing that disputes about corporate personality / the corporate veil, and about beneficial ownership of property, fall to be dealt with in accordance with the general law including as to sham trusts, and resulting and constructive trusts.