Asset Recovery & Proceeds of Crime Act Defence Solicitors

Proceeds of crime refers to the money and other assets that criminals have gained through their illegal activity. The UK authorities have the power to confiscate these assets, which may be split between various agencies.

At Forbes Solicitors we have recognised expertise in restraint, civil recovery, forfeiture, confiscation and financial investigations.

Speak to Our Asset Recovery Team

Whether you are facing a restraint order, a freezing order, asset detention, civil recovery action, a cryptocurrency investigation, or are a third party related to confiscation proceedings, obtaining specialist advice at an early stage can be critical.

Contact Forbes Solicitors for a confidential discussion with our Asset Recovery Team.

0800 988 5124 - Monday - Friday: 09:00 - 17:00

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Recognition for our work

What is Proceeds of Crime Act (POCA)?

The criminal and civil law in relation to the alleged proceeds of crime is complex and difficult, that is why it requires specialist advice from the very start. At Forbes we have a Specialist Department, which deals exclusively with both Criminal and Civil cases.

Forbes Solicitors is different if not unique. We have an expert team that deals exclusively with financial claims made by the State and public agencies. Those claims may follow a prosecution or increasingly Civil proceedings against a client and often with little or no notice.

The department works with our Commercial, Business Crime, Crime and Regulatory departments, providing specialist advice to clients. We pride ourselves in our specialism and are regularly able to provide a comprehensive in-house service. Our reputation extends this service on a National basis. We act for and advise individuals, commercial organisations and limited companies "suspected", "accused" or "convicted", together with anyone caught up in somebody else's wrongdoing, to protect innocent people's property rights. Where necessary and appropriate, specialist Barristers and Forensic Accountants are instructed.

Asset Recovery

Asset Recovery

Asset recovery has become one of the most significant and rapidly developing areas of criminal, regulatory and financial enforcement. Law enforcement agencies and regulators are increasingly using extensive powers under the Proceeds of Crime Act 2002 to investigate wealth, freeze assets, recover funds and pursue confiscation proceedings against individuals, businesses and third parties.

Forbes Solicitors advises clients at every stage of the asset recovery process, from the earliest stages of investigation through to contested court proceedings and appeals. Our specialist and expert lawyers act in some of the most complex and high-value matters involving allegations of fraud, money laundering, organised crime, regulatory offending, tax investigations and cryptocurrency-related enforcement.

Asset recovery investigations often involve substantial financial, commercial and reputational risks. Our nationally recognised Financial Crime team is ranked Tier 1 by Chambers and Partners for Financial Crime and has maintained this position for more than a decade. We are also ranked Tier 1 by Legal 500 for Crime and Fraud, reflecting our expertise in complex asset restraint, forfeiture and confiscation proceedings. Trusted by business owners, professionals and private clients, we provide strategic advice on the full spectrum of criminal and civil asset recovery proceedings throughout England and Wales.

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Asset Recovery Expertise

Asset Recovery Expertise

The asset recovery regime has expanded considerably over the past two decades.  Originally centred on confiscation proceedings following conviction, the modern framework now allows authorities to freeze, restrain, seize and recover assets at the investigation stage, often before any criminal charges have been brought.

The introduction of the Criminal Finances Act 2017 and the Economic Crime and Corporate Transparency Act 2023 has significantly broadened the powers available to investigators, particularly in relation to civil forfeiture, unexplained wealth and digital assets.

Our team advises on matters involving:

  • Account Freezing Orders

  • Account Forfeiture Orders

  • Cash Seizure and Forfeiture

  • Listed Asset Seizure and Forfeiture

  • Property Freezing Orders

  • Restraint Orders

  • Confiscation Proceedings

  • Civil Recovery Proceedings

  • Unexplained Wealth Orders

  • Disclosure Orders

  • Production Orders

  • Cryptocurrency Investigations

  • Crypto Wallet Freezing Orders

  • Third Party Interests in Confiscation

  • International Asset Recovery

  • Mutual Legal Assistance Proceedings

A full service Asset Recovery Team

A full service Asset Recovery Team

Many matters arise alongside allegations of fraud, money laundering, tax offences, bribery, corruption, sanctions breaches, regulatory investigations or organised criminal activity. Effective representation therefore requires lawyers who understand both the underlying investigation and the financial recovery powers being deployed.

Asset recovery cases rarely exist in isolation.  Our dedicated team are specialists across:

  • Fraud and Financial Crime

  • Business Crime

  • Regulatory Investigations

  • Serious and Complex Crime

  • Corporate Investigations

  • Financial Services Enforcement

  • Tax Investigations

  • Cryptocurrency and Digital Assets

This multidisciplinary approach allows us to provide comprehensive advice throughout the lifecycle of an investigation and proceedings.

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Areas of Asset Recovery

Areas of Asset Recovery

Our award-winning criminal defence team offers expert legal support to protect your property and assets.

Restraint Orders

Restraint orders remain one of the most powerful tools available to investigators. They can freeze assets worth millions of pounds, restrict business operations and significantly affect individuals and businesses long before any criminal proceedings conclude.

Our team advises on applications to vary, challenge and discharge restraint orders and assists clients in protecting legitimate business and personal interests.

Civil Recovery

Civil recovery proceedings allow enforcement agencies to pursue assets without securing a criminal conviction.

These cases frequently involve substantial financial investigation, extensive disclosure and sophisticated asset tracing exercises.

We advise both individuals and businesses facing civil recovery action under Part 5 of the Proceeds of Crime Act.

Asset Freezing and Forfeiture

The use of forfeiture powers continues to increase significantly.

Bank accounts, cash, cryptocurrency and other assets can be frozen and ultimately forfeited where authorities suspect a connection to unlawful conduct.

We advise clients in relation to:

  • Account Freezing Orders

  • Account Forfeiture Orders

  • Cash Detention and Forfeiture

  • Listed Asset Forfeiture

  • Property Freezing Orders

  • Crypto Asset Forfeiture

Cryptocurrency and Digital Assets

The emergence of cryptocurrency has transformed the asset recovery landscape.

Investigators now routinely utilise specialist powers to freeze, seize and recover digital assets, while exchanges and financial institutions are increasingly cooperating with enforcement agencies.

Our team advises on matters involving:

  • Crypto Wallet Freezing Orders

  • Cryptocurrency Forfeiture Proceedings

  • Blockchain Tracing Allegations

  • Digital Asset Investigations

  • International Crypto Recovery

This remains one of the fastest developing areas of asset recovery law.

International Asset Recovery

Asset recovery investigations increasingly involve multiple jurisdictions.  This relates to matters where the UK is asked to assist another country due to assets being held in this jurisdiction or an individual has left another jurisdiction and come to the UK.

Forbes Solicitors advises clients facing cross-border investigations, asset recovery and UK enforcement exposure.  This commonly involves restraint orders, international asset tracing, mutual legal assistance requests and the enforcement of foreign recovery orders.

We regularly work alongside international lawyers, forensic accountants and specialist experts to manage complex cross-border disputes.

Confiscation Proceedings

Confiscation proceedings often involve complex disputes concerning benefit calculations, available assets, hidden assets, assumptions, corporate structures and third-party ownership.

We advise throughout all stages of confiscation proceedings, including third party interests, receivership issues and appeals.

Why Forbes Solicitors?

Why Forbes Solicitors?

Asset recovery proceedings often involve substantial financial consequences, reputational considerations and parallel criminal or regulatory investigations.

Clients require lawyers who understand both the legal framework and the commercial realities involved.

Recognised Expertise

Our lawyers are independently recognised by Chambers & Partners and The Legal 500 for their work in serious crime, financial crime and regulatory investigations.

National Reach

We represent clients throughout England and Wales, including London, Manchester, Birmingham, Leeds, Liverpool and Bristol.

Strategic Early Intervention

Many asset recovery cases can be influenced significantly during the investigative stage. We provide strategic advice from the earliest point of contact with investigators.

Complex Financial Investigation Experience

We regularly advise on matters involving sophisticated financial evidence, corporate structures, cross-border transactions and cryptocurrency assets.

Integrated Asset Recovery Capability

Our team combines expertise in criminal defence, regulatory enforcement, civil recovery and financial investigations.

Speak to Our Asset Recovery Team
Meet the Team

Meet the Team

The team includes lawyers with extensive experience in:

  • Proceeds of Crime Act proceedings

  • Fraud investigations

  • Money laundering allegations

  • Regulatory enforcement

  • Cryptocurrency investigations

  • Asset tracing and recovery

  • Corporate investigations

Led by lawyers recognised in Chambers & Partners and The Legal 500, the team provides strategic advice from investigation through to final resolution.

They have a great strength and depth, from paralegals all the way to partners. Their training sets them up to be very competent and deliver really well across the board.

Chambers and Partners Financial Crime Respondent

They're a premier league, top-drawer firm. Whether partners or assistant solicitors or paralegals, the standard of work is very conscientious and always consistently high.

Chambers and Partners Financial Crime Respondent

Craig Liversidge handles multi-handed work with ease. He is great on detail and is really approachable, kind and funny. He will gain the trust of clients very quickly.

Chambers and Partners Financial Crime Respondent

The criminal team at Forbes is at the forefront of the criminal justice system - they stand out way ahead of others. They are remarkable. They have a first class knowledge of the legal system and can deal with everyone in the same, fair way.

Legal 500

Daniel King is one of the most respected fraud lawyers in the Northwest. He has been in most of the leading fraud cases nationally. He is as at home in Southwark as he is in Manchester or Preston. Craig Liversidge is an extremely talented solicitor who should be your first choice on a fraud case. He is always in demand on the most complex of cases.

Legal 500

Daniel King is a titan of complex criminal practice. He has such gravitas and experience.

Chambers and Partners Financial Crime Respondent

Craig Liversidge is one of the best fraud lawyers in the North West.

Chambers and Partners Financial Crime Respondent

Our dedicated Proceeds of Crime Act Team

Craig Liversidge.jpg

Head of Crown Court and Complex and Serious Crime, Crime

Craig Liversidge

craig.jpg

Head of High Profile and Private Crime Division, Crime

Craig MacKenzie

daniel-king.jpg

Consultant, Head of Business and Financial Crime, Crime

Daniel King

Asset Recovery & Proceeds of Crime Act FAQs

What is the Proceeds of Crime Act 2002?

The Proceeds of Crime Act 2002 (POCA) is the primary legislation used by law enforcement agencies and regulators to investigate, restrain, freeze, recover and confiscate assets believed to be connected to criminal conduct.

The legislation provides a wide range of powers including restraint orders, civil recovery, account freezing orders, cash detention and forfeiture proceedings, and confiscation proceedings.

What is asset recovery?

Asset recovery is the process by which authorities identify, freeze, seize, recover or confiscate assets that are alleged to represent the proceeds of crime or property intended for unlawful conduct.

Asset recovery can arise in both criminal and civil proceedings and does not always require a criminal conviction.

Which agencies use asset recovery powers?

Asset recovery powers are regularly used by:

  • Police forces

  • National Crime Agency (NCA)

  • HM Revenue & Customs (HMRC)

  • Serious Fraud Office (SFO)

  • Financial Conduct Authority (FCA)

  • Insolvency Service

  • Trading Standards

  • Local authorities

Many investigations involve multiple agencies working together.

Can my bank account be frozen without warning?

Yes.

Account Freezing Orders are frequently obtained without notice to the account holder. Individuals often become aware of the order only after their account has already been frozen.

Early legal advice can be critical in understanding the basis of the order and preparing an application to discharge or vary the order.

What is an Account Freezing Order?

An Account Freezing Order allows investigators to freeze funds held within bank or building society accounts where there are reasonable grounds to suspect the funds represent recoverable property or are intended for use in unlawful conduct.

Orders can remain in place for extended periods whilst investigations continue.

What is an Account Forfeiture Order?

An Account Forfeiture Order allows authorities to permanently recover money held within a frozen account.

The burden of explaining the legitimate source of funds often becomes a central issue in these proceedings.

What happens if cash is seized by police or other authorities?

Cash can be seized where officers suspect it represents the proceeds of crime or is intended for unlawful conduct.

Applications may then be made to continue detention of the cash and ultimately seek forfeiture.

Can cryptocurrency be frozen or seized?

Yes.

Recent legislation has significantly expanded powers available to investigators in relation to cryptocurrency and digital assets.

Authorities can now apply for Crypto Wallet Freezing Orders and pursue forfeiture of digital assets in appropriate circumstances.

What is a Crypto Wallet Freezing Order?

A Crypto Wallet Freezing Order allows authorities to restrict access to cryptocurrency held within a digital wallet whilst investigations are undertaken.

These powers form part of the government’s wider efforts to combat economic crime and money laundering involving digital assets.

What is a restraint order?

A restraint order prevents a person from dealing with assets whilst a criminal investigation or prosecution is ongoing.

The order may affect bank accounts, property, investments, business interests and other assets.

Restraint orders are commonly obtained before trial and can remain in force for lengthy periods.

What are confiscation proceedings?

Confiscation proceedings take place after conviction and are designed to recover the financial benefit allegedly obtained from criminal conduct.

These proceedings often involve complex disputes regarding benefit calculations, available assets and third-party ownership interests.

What is civil recovery?

Civil recovery proceedings allow enforcement agencies to recover assets through the civil courts without securing a criminal conviction.

The proceedings focus on the assets themselves rather than establishing criminal liability.

What is an Unexplained Wealth Order?

An Unexplained Wealth Order requires an individual to explain the lawful origin of specified assets.

Failure to provide a satisfactory explanation can have significant consequences and may lead to further recovery proceedings.

Do I have to be charged with a criminal offence before assets can be frozen?

No.

Many asset recovery powers can be used at the investigation stage before any decision has been made regarding criminal charges.

This is one of the reasons why obtaining legal advice early is often important.

Can assets be recovered without a criminal conviction?

Yes.

Several asset recovery powers operate independently of criminal convictions, including civil recovery proceedings, account forfeiture proceedings and certain forfeiture applications.

What are third-party interests in confiscation proceedings?

Third parties may have legitimate interests in assets that prosecutors seek to confiscate.

This commonly arises in relation to spouses, business partners, family members, lenders and other individuals with a legal or beneficial interest in property.

Protecting those interests often requires specialist legal advice.

Can businesses be affected by asset recovery proceedings?

Yes.

Businesses may face frozen bank accounts, restraint orders, civil recovery proceedings, confiscation issues involving directors or investigations concerning alleged money laundering or regulatory breaches.

These matters can have serious operational and reputational consequences.

Can asset recovery investigations involve overseas assets?

Yes.

Many modern investigations involve assets, businesses and individuals located across multiple jurisdictions.

These cases frequently involve international cooperation, mutual legal assistance requests and cross-border asset tracing.

When should I seek legal advice?

You should seek legal advice as soon as you become aware of any investigation, freezing order, restraint order, forfeiture proceedings or confiscation proceedings.

Early intervention can often influence the direction of an investigation and help protect legitimate assets.

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0800 988 5124 - Monday - Friday: 09:00 - 17:00

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