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The Proceeds of Crime Act 2002 (POCA) was enacted with the prime purpose of depriving individuals of assets that represent the proceeds of criminal activity. The effect of this legislation has properly been described as "draconian" as it has granted the prosecuting authorities unprecedented powers of search, seizure, detention and forfeiture of property.

In many respects the burden of proof has been reversed placing the onus on the individual to establish the legitimate source of assets to the satisfaction of the courts.

Cash Confiscation

POCA allows the police or a Customs officer to seize and detain cash (£1000 or more) if he reasonably believes it to be the proceeds of crime. The Magistrates' Court will then determine whether that is the case. This is not decided on the basis that the court needs to be sure beyond reasonable doubt, but only whether it is more likely than not.

The police do not have to prove that a crime has been committed or even say what crime they suggest might have taken place to establish their case. Although it is not illegal to be in possession of cash (at least not yet!) it appears that there has developed a presumption of suspicion as to its origin until the contrary is proved.

If you are the subject of cash confiscation we can assist you to get your cash back and have had considerable success obtaining compensation and costs from the prosecuting body that seized the cash in the first place.

Money Laundering Offences

Many individuals involved in the financial industry will be familiar with the identity checks that have to be made when dealing with new customers. These regulations flow from the various sections of POCA and provide heavy penalties for those that do not comply.

If you are accused of an offence relating to money laundering regulations you must take specialist legal advice at once. Do not rely on your employer to protect you. If the choice is between you and the greater interests of the company, you will be sacrificed.