Proceeds of Crime

Strategic & Robust Legal Advice for Proceeds of Crime Cases

The Criminal Proceeds (Recovery) Act 2009 and related legislation allows the authorities to seize assets they believe are linked to or derived from criminal activity, often before any conviction is secured. These proceedings can have devastating financial and personal consequences, making it essential to have a strategic and robust legal defence.

Steven Lack is a highly experienced criminal defence barrister who provides specialist advice and representation in proceeds of crime cases, asset forfeiture, and civil recovery proceedings. He works with individuals and businesses to challenge unjustified seizures and protect assets from government overreach.

Why Choose Steven Lack for Proceeds of Crime Defence?

  • Strategic Defence Planning: Expertly navigates the complex legal framework of asset forfeiture laws to develop the strongest possible defence.

  • Challenging Asset Seizures: Represents clients in applications to restrain, exclude, or recover seized assets.

  • Negotiating with Authorities: Engages with the Crown, the Police, Financial Intelligence Unit (FIU), and other agencies to challenge unjustified forfeiture claims.

  • Proving Legitimate Ownership: Works with forensic accountants and financial experts to demonstrate that assets were lawfully acquired.

  • Court Representation: Skilled advocate in both criminal and civil forfeiture proceedings before the High Court and appellate courts.

Defending Against Asset Seizure & Forfeiture

Authorities often take an aggressive approach under proceeds of crime laws, seeking to freeze or confiscate assets based on suspicion alone. Steven Lack provides clear, strategic advice to challenge:

  • Unjustified Freezing Orders: Ensuring that asset restraint applications comply with legal requirements.

  • Examination Orders: Providing advice about your rights and obligations if served with an examination order by the authorities.

  • Civil vs. Criminal Forfeiture: Challenging civil forfeiture claims where no criminal conviction has been secured.

  • Proportionality & Hardship Arguments: Demonstrating that asset seizure is excessive or unfairly impacts family members.

  • Third-Party Rights & Innocent Owners: Protecting the interests of businesses, family members, and other parties caught in forfeiture actions.

  • Appeals & Judicial Review: Seeking to overturn improper restraint orders and challenge government overreach.

Understanding the Proceeds of Crime Legal Process

Authorities can freeze, restrain, or confiscate assets based on alleged links to crime. Understanding your legal rights is crucial:

  1. Investigation & Asset Restraint: Authorities apply for a court order to freeze assets pending further investigation.

  2. Legal Challenge: If assets are restrained, a challenge must be mounted quickly to prevent forfeiture.

  3. Negotiation with Authorities: In some cases, settlement discussions can result in assets being returned without lengthy litigation.

  4. Court Proceedings: If forfeiture is pursued, a robust defence is needed to prove assets were legally acquired.

  5. Appeals: If an asset forfeiture order is made, seeking judicial review or an appeal may be necessary.

Protect Your Assets with Expert Legal Representation

If you or your business is facing proceeds of crime proceedings, securing expert legal advice early is critical. Steven Lack provides strategic and robust defence against unjustified asset seizures and forfeiture actions. Contact Steven today for an initial consultation.