Asset Forfeiture & Confiscation

No other area of the criminal law has developed so rapidly and in such a complex way in the last 15 years.

Andrew Mitchell QC's and Kennedy Talbot’s text on Asset Forfeiture and Confiscation is recognised as the leading authority in this complex and rapidly developing area of criminal and civil law.

Furnival Chambers' ground-breaking approach is evident in cases such as the successful civil action mounted against Nicholas Van Hoogstraten, despite the quashing of his criminal conviction by the Court of Appeal. The Applicant’s success in this case is an endorsement of the forward thinking solutions, which members of chambers strive for.

Members of the team have appeared in the majority of the leading cases in this specialised area of law in the High Court, the civil and criminal divisions of the Court of Appeal, as well as the House of Lords.

Since 1986 there have been five substantive Acts of Parliament in the area of asset forfeiture and money laundering. The Asset Forfeiture Team in Furnival Chambers is well equipped to assist prosecutors, defence solicitors and those advising third parties about the operation of these powers in the Crown Court having been acting for almost 15 years in this area in the High Court.

The Proceeds of Crime Act introduced new powers of civil forfeiture on application to the High Court. The Asset Recovery Agency (“ARA”) has been created to bring these new civil proceedings and carry out other functions under the Act such as taking over confiscation cases in the Crown Court. There are also new powers relating to forfeiture of cash wherever in the United Kingdom that cash may be seized. All of these provisions require the specialist assistance of Counsel who have been working in the field for years. Furnival Chambers are in precisely that position.

The confiscation legislation empowers the High Court and the Crown Court to make various types of civil orders to support linked criminal proceedings: powers to prevent disposal of assets and force their disclosure, manage the defendant’s and third party’s financial affairs and force payment of confiscation orders. The High Court and Crown Court powers are more draconian than comparable powers in purely civil cases. The expertise within the Asset Forfeiture Team is well placed to assist in relation to these issues.

Furnival Chambers recognises that this unique blend of complex criminal and civil law, changing at such a rapid pace and often requiring urgent action to be taken, brings particular difficulties and is highly demanding for the criminal practitioner, prosecutor, receiver or solicitor representing anyone interested in a defendant’s financial affairs.

In view of the potential criminal liability of the professional advisor under any of the revamped money laundering offences within the Proceeds of Crime Act or the Money Laundering Regulations, which extend to solicitors' obligations on record keeping and knowing their clients' practices, the need for independent, high quality, immediate advice and representation is apparent.

The Asset Forfeiture Team in Furnival Chambers is able to offer a comprehensive range of services in this field including:

  • Drafting of restraint, receivership and disclosure orders and witness statements in support, and subsequent High Court and Crown Court representation
  • Applications by defendants and third parties for variations of restraint orders whether in the Crown Court or High Court
  • Advice and representation in relation to proceedings brought in the High Court by the Asset Recover Agency
  • General advice on Money laundering offences and the reporting obligation to the National Criminal Intelligence Service
  • Advice to prosecutors and respondent’s advisors in relation to the detention and forfeiture of seized cash
  • General advice to prosecutors, defence solicitors and those representing third parties on the feasibility, impact and effect of restraint and receivership orders in any particular case
  • General advice to prosecutors and defence solicitors on feasibility of confiscation in any particular case
  • General advice to solicitors on money laundering obligations whether generally or in relation to a particular client
  • Advice and representation for Receivers in relation to applications for possession of property and directions generally in respect of receivership orders
  • Advice on and drafting of prosecution and defence statements for Crown Court or High Court confiscation proceedings
  • Applications for increase of confiscation orders or defence applications for certificates of inadequacy
  • Enforcement of confiscation orders
  • Committal for contempt of Court

Contact

Our specialist Asset Forfeiture and Confiscation clerk, Martin Adams, will be pleased to help.