POCA Solicitors: Proceeds of Crime Act Lawyers

Lupton Fawcett’s Criminal Defence Solicitors are recognised as national leaders in defending individuals, or corporate clients facing prosecution, and risk losing financial assets against complex POCA proceedings. We bring more than 30 years’ experience in financial crime, regulatory defence and corporate investigations.

Recognised by Legal 500 as a leading firm, our POCA Solicitors, including Jeremy Scott, Meghan Waldron and Richard Etherington, are trusted across the UK for their strategic, commercial and client-first approach. We regularly advise individuals, company directors, professionals and business owners caught up in POCA investigations, often long before formal court proceedings arise.

Our leading POCA Solicitors possess robust legal and technical expertise surrounding the investigation procedures of the full range of investigatory bodies involved in POCA proceedings. We regularly work swiftly, decisively and discreetly for clients across England and Wales to protect what matters most to you: your liberty, your livelihood, and your assets. We are known for proactive defence tactics, early engagement with authorities, and robust challenge of overreaching asset seizure attempts. Our goal is to minimise the impact on you and your business.

Whether you are under investigation by the police, HMRC, Serious Fraud Office or the National Crime Agency, early advice is critical. Contact our POCA defence lawyers today to safeguard your position. Call Jeremy Scott now on 07971520407 or complete the enquiry form below.

The Proceeds of Crime Act 2002 (POCA) is a piece of legislation that gives prosecutors wide-reaching powers to recover assets believed to have been gained through criminal conduct even before a conviction is secured. Proceedings can be brought alongside criminal charges, or as standalone civil recovery actions.

POCA powers are frequently used in cases involving fraud, money laundering, drug offences, tax evasion, bribery and other financial or commercial crimes. Even legitimate business owners can find themselves under scrutiny if their assets are alleged to be linked to unlawful activity. In many cases, the burden falls on the individual to prove that assets were acquired lawfully, which represents a reversal of the usual principles of criminal justice.

Any asset considered to be derived from or obtained through criminal activity can be seized, frozen, or forfeited under the Proceeds of Crime Act.

This may include:

The main consideration is whether the possession of the asset can be clearly linked to criminal activity. Our POCA Solicitors at Lupton Fawcett can help you hold on to assets by investigating the alleged connection between your ownership and criminal activity, and proving your assets are legitimately your possession.

The Proceeds of Crime Act outlines several ways to recover assets. Both police and other enforcement agencies may use any combination of the following processes, often quickly and without warning.

Under POCA, courts and law enforcement agencies can freeze a person’s assets if there is a suspicion they are linked to criminal conduct. If those assets are later proven to be the proceeds of crime, a forfeiture order may be granted, permanently removing them from the individual’s possession.

These orders allow authorities to prohibit transactions on specified bank accounts, preventing funds from being moved while an investigation or legal proceedings are ongoing. The measure is designed to stop suspects dissipating assets that may be subject to confiscation or forfeiture.

Under certain circumstances, law enforcement officers can seize cash if they have reasonable grounds to believe it is derived from, or intended for use in, unlawful activity. If a court upholds that the money is criminally tainted, the seized cash can be forfeited.

Confiscation orders under POCA 2002 require offenders to pay a sum of money reflecting the benefit they have gained from criminal conduct. Failure to comply can lead to additional penalties or imprisonment, ensuring that individuals cannot profit from their crimes.

A restraint order freezes a defendant’s realisable assets during criminal investigations or proceedings. This prevents the disposal or transfer of property that may later be needed to fulfil a confiscation order if the defendant is convicted.

UWOs compel individuals to provide information on how they acquired specific assets when there is suspicion that their known income could not have financed them. If the individual cannot adequately explain the source of funds, authorities can pursue further action, such as civil recovery or criminal prosecution.

Under Part 5 of POCA, Civil Recovery Orders enable the authorities to recover property obtained through unlawful conduct, without necessarily bringing a criminal prosecution. The process relies on a ‘balance of probabilities’ test, and if a court is satisfied that the property in question has been derived from criminal activity, it can be seized and removed from possession. This part of the legislation, added with s241A in 2017, also outlines the seizure of assets obtained from human rights abuse and violation.

At Lupton Fawcett, our POCA Solicitors provide clear guidance and decisive action from the outset. We respond immediately to restraint orders, work to protect your assets, and offer robust representation in court where required.

Our experienced team handles confiscation proceedings, defends civil recovery and asset forfeiture claims, and negotiates directly with enforcement agencies to minimise financial exposure on your behalf, protecting legitimate assets. Where appropriate, we involve forensic accountants and counsel to challenge valuations and reduce liability.

Our POCA Defence services include:

Crucially, we act early wherever possible, making pre-charge representations to stop proceedings before they escalate, or securing commercial settlements that protect your future.lute best result by meticulously managing an investigation from start to finish and will also represent you in court if that is where the investigation leads.

Lupton Fawcett acts nationally for individuals and organisations who find themselves at risk from confiscation proceedings. Our clients include:

We also provide legal advice to third parties who may be affected by enforcement under the Proceeds of Crime Act, such as spouses, partners or trustees, as well as businesses facing corporate confiscation actions or the seizure of assets.

Our team has particular expertise in representing individuals operating within regulated sectors, including finance, law, healthcare and construction, where the reputational consequences of POCA proceedings can be just as damaging as any financial loss. We understand how critical protecting professional standing and commercial credibility is in these environments.

Your bank accounts and property may be frozen immediately, often without warning. You must seek urgent legal advice. Our POCA Solicitors can challenge the order or apply for it to be varied to allow access to living expenses or business costs.

No. While Confiscation Orders follow conviction, authorities can also bring Civil Recovery or Account Forfeiture proceedings without a criminal conviction, based on a lower standard of proof.

Yes. Third parties can be drawn into proceedings if they have an interest in restrained or confiscated assets. We regularly advise spouses, family members, and business partners to help protect their position.

One of the most powerful ways to protect yourself is by instructing expert POCA Defence Solicitors at the earliest opportunity.

Too often, individuals only seek legal advice after assets have already been restrained or seized. By seeking legal support early, you can ensure you or your business feel the least amount of financial impact possible by having orders discharged, delayed, or varied.

At Lupton Fawcett, we specialise in early intervention, identifying weaknesses in the case against you, negotiating with investigators, and working to resolve issues behind the scenes. Much of our work is conducted confidentially and discretely to protect our clients’ standing. Even if court proceedings have already begun, we can still make a critical difference by challenging inflated valuations, unjust assumptions of criminal benefit, and ensuring that your interests are robustly defended every step of the way.

If you are facing POCA proceedings, don’t delay. Speak to a POCA Solicitor who understands both the law and the commercial realities.

Lupton Fawcett is a Top 200 UK law firm with offices in Sheffield, Leeds and York, and a nationally recognised team of experts in Criminal Defence and Corporate Regulatory Law.

Our POCA Defence Solicitors act for clients throughout England and Wales, including in Birmingham, London, Liverpool, Manchester, Nottingham, Hull and Bradford. We can support you wherever you are based. We offer a discreet, rapid response and can advise you 24/7/365. Call Jeremy Scott now on 07971520407 or complete the form below for a confidential, no-obligation consultation.