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Confiscation, restraint & asset forfeiture

Confiscation

Our Fraud team has regular and consistent instructions within the field of Confiscation Proceedings, which gives us the in-depth expertise and knowledge to provide our clients with the comprehensive support and advice they need when facing the threat of investigation.

Once someone is convicted of a criminal offence from which they can be shown to have benefitted financially, the Proceeds of Crime Act 2002 allows the prosecution to seek a confiscation order, and invariably they do.  They calculate how much the defendant has benefitted from his or her conduct and what assets he or she has available in order to repay that benefit.

Our team have a highly successful record in defeating and / or limiting the extent of confiscation proceedings which can be lengthy, complex and destructive on the individual’s business or family members who are affected by them.

We have been involved in some of the largest and most complex confiscation cases of recent times involving the Serious Fraud Office, Her Majesty’s Revenue & Customs, Trading Standards Office, Financial Services Authority, Crown Prosecution Service and specialist Economic Crime Units.

Our clients range from individuals to significant corporations.  We are experienced in offering commercially focused expertise and understanding the needs of your business or family members who may be affected.

Effective representation, pro-active advice, preventative measures, methodical analysis, specialist Barristers and substantial knowledge of finances are only some of the qualities necessary to defend these proceedings successfully.  Our team have all the above attributes, together with technical knowledge and a dynamic approach to challenge what has frequently been described as the most difficult and draconian legal proceedings within the jurisdiction of English law.

We understand that being the subject of an investigation is a stressful time for our clients and choosing the right Solicitors is of paramount importance.  We therefore offer free, no obligation consultations to discuss your case and provide preliminary advice.

Restraint Orders

We are experts in advising individuals and businesses on pre-charge and post-charge restraint orders.  We understand the catastrophic effects of restraint orders on businesses, individuals and their families.  Our team is available 24 hours a day, 7 days a week; ready to deal with urgent requests for advice and representation.

As well as helping you understand the full implications of a restraint order, we will provide commercial knowledge and robust legal support at every step of the way.  We will advise you on the legality of a restraint order, what your obligations are under the order and represent you to either vary or discharge the order.

Whilst a restraint or freezing order generally allows reasonable living expenses and makes provisions for the running of a business or trade; if the allowance is insufficient for you and your family’s basic needs, we will renegotiate with the court and prosecuting authorities for an allowance increase.  If such an increase cannot be agreed, we will fight fearlessly to protect your interests and those of other family members who may be effected by the order.

We have successfully applied to vary or discharge restraint orders, helping you to lead as normal a life as possible during the life of a restraint order whilst you may at the same time be under criminal investigation or prosecution.

The team at Kenneth M Barrow & Company also regularly advise and assist third parties who are affected by the imposition of a restraint order.  We can advise individuals, families, friends and businesses affected by restraint or asset freezing orders, on how to protect their financial interest in assets that may have been frozen.

Cash Seizures

Our team has successfully recovered substantial sums of money for individuals and businesses affected by the draconian powers of the Proceeds of Crime Act 2002.

Police and customs officers are regularly seizing cash (over £1,000) from ordinary law abiding citizens and then applying to the Court for its further detention and eventually its forfeiture.  This legislation entitles the authorities to initiate this process based on the slightest of suspicions.

We understand that being subjected to a cash seizure and forfeiture action can be a distressing and traumatic experience for individuals, their families and businesses which may be effected by the seizure.  As well as helping you understand the full implications of the law relating to cash seizure, we will provide you with tireless legal support every step of the way.

We are particularly experienced in analysing financial records and protecting our clients commercial interests during the detention of the cash, which can cause significant disruption to businesses.

If your cash has been seized, you have the right to apply for its return at anytime.  Kenenth M Barrow & Co understand that being the subject of an investigation is a stressful time for our clients and choosing the right Lawyer is of paramount importance.  We therefore offer free, no obligation consultations to discuss your case and provide preliminary advice.

Please get in touch to speak to Mr Ravi Khosla.

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