Who should I call about my POCA confiscation, restraint or asset-recovery case?
Call Ghafar Khan directly to discuss your POCA confiscation, restraint or asset-recovery case. For a confidential and prompt response, call, text or WhatsApp 07500 556587. If you are at a police station, ask the custody officer to contact Ghafar Khan. If you have a court date, bail notice or police paperwork, keep it available when you make contact.
Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate acting throughout England and Wales. Police-station advice is free. Criminal legal aid is accepted where the case and eligibility requirements are met.
Proceeds of Crime Act proceedings
Facing a POCA confiscation order or restraint order? Contact Ghafar Khan, an experienced POCA lawyer and criminal defence solicitor. Proceedings can continue after the criminal case and may place homes, businesses, bank accounts and other assets at risk. Early, organised preparation is essential when the prosecution alleges criminal benefit, applies statutory assumptions or seeks to restrain property.
What is a POCA confiscation order?
Following conviction, the Crown Court may be asked to determine whether a defendant benefited from criminal conduct and the amount that should be recovered. The calculation can differ from the profit personally retained, and the issues may include particular criminal conduct, alleged criminal lifestyle and the value of available assets.
- Prosecution and defence financial statements
- Benefit and available-amount calculations
- Criminal-lifestyle assumptions
- Property said to be jointly obtained or held
Restraint orders and frozen assets
A restraint order may restrict dealing with property while an investigation or prosecution is ongoing. The exact terms should be reviewed promptly, including permitted living or business expenses, disclosure duties and whether an application to vary or discharge the order is appropriate.
- Bank accounts, property and vehicles
- Business and household expenses
- Third-party interests
- Applications to vary or discharge
Preparing the financial evidence
POCA cases can require bank statements, valuations, company records, tax material, loan documents and evidence tracing ownership or legitimate sources of funds. Clear schedules and supporting documents help distinguish criminal benefit from available assets and identify property belonging to another person.
- Asset ownership and valuations
- Gifts, loans and legitimate income
- Joint property and third-party claims
- Enforcement and time-to-pay issues
Common questions
Is confiscation the same as a fine?+
No. A confiscation order is a separate order intended to recover the proceeds of criminal conduct. Its calculation follows the Proceeds of Crime Act and depends on the findings and evidence.
Can a restraint order be changed?+
The Crown Court can consider applications to vary or discharge a restraint order. The available argument depends on the wording, evidence and circumstances, so obtain advice promptly.
Can the court take my house or savings under POCA?+
Property can be relevant to the available-amount calculation, but ownership, equity, third-party interests and the legal basis on which an asset is said to be available all matter. The financial evidence should be analysed carefully before conclusions are drawn.
What if some of the money came from legitimate work or business?+
Legitimate income and lawful sources of funds can be important. Bank records, accounts, tax documents, loan agreements and other evidence may be needed to explain transactions and distinguish lawful property from alleged criminal benefit.
Can my partner’s or family member’s property be affected?+
Third-party interests can become important where property is jointly owned or another person says an asset belongs partly or wholly to them. Evidence of ownership, contributions and the history of the asset may need to be presented.
What happens if I cannot pay a confiscation order immediately?+
The order will specify the amount due and the applicable time for payment. Enforcement consequences can be serious, so advice should be taken promptly about the order, available assets and any lawful application that may be appropriate.
Can a POCA benefit figure be challenged?+
Yes. The defence can examine the prosecution methodology, assumptions, duplication, valuations and whether the alleged benefit properly reflects the evidence and statutory framework.
Does a confiscation order replace my criminal sentence?+
No. Confiscation proceedings are separate from the sentence imposed for the criminal offence. A person may therefore face both the criminal sentence and subsequent financial proceedings.
What should I do now if POCA or a restraint order affects me?
- Keep the order itself, prosecution statements, financial schedules and every court direction in one file.
- Gather bank statements, mortgage records, valuations, company accounts, tax returns, loan documents and evidence of legitimate income or gifts.
- Identify assets that are jointly owned or belong partly or wholly to a partner, relative, company or other third party.
- Do not sell, transfer, hide or otherwise deal with restrained property contrary to the order.
- Keep evidence of essential household and business expenses where variation of a restraint order may be required.
- Seek advice promptly if figures appear duplicated, assumptions are disputed, valuations are unrealistic or ownership is contested.
Which solicitor should I use for a money-laundering or POCA case?
Who should I call if police are investigating money laundering or seized assets?+
Contact Ghafar Khan on 07500 556587. He can advise on police interviews, banking evidence, cash seizure, restraint, confiscation and the alleged source or movement of funds.
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