Asset Forfeiture and Confiscation

Asset Forfeiture & POCA

187 Chambers is a leading set for POCA and Asset Forfeiture work. Chambers is involved in some of the most serious economic matters relating to companies, directors, shareholders, government departments, including money laundering offences under Part 7 of POCA.

An area of particular strength is handling of cases relating to restraint, confiscation and forfeiture of assets arising out of criminal proceedings – once again, acting for both defendants and government agencies in proceedings under Part 2 and Part 5 of POCA.

Members of 187 Chambers regularly appear in the Higher Courts, included Chancery Division in cases concerning the application of POCA.

Recent examples include:

• Ahmet [2024] 1 W.L.R. 3630 (right of third-party to make proprietary claim in Chancery Division even where a PoCA restraint order);
• Thompson [2023] EWCA Crim 1244 (reassertion of principles for determining third party property rights);
• R v Shunjian Jiang [2023] 4 WLR 62 (authority for proposition that money exchanged through an unregistered money service business becomes criminal benefit).

Earlier examples include:

• R v Solanki [2020] Lloyd’s Rep. F.C. 143 (directions on property derived from tax evasion),
• R v Thakor [2020] EWCA Crim 541 (whether transfers from joint accounts to sole accounts are ‘gifts’)
• R (Norman) v Chelmsford Crown Court [2020] EWHC 3456 (lawfulness of  arrest for suspected money laundering);
• O’Connell [2018] Lloyd’s Rep. F.C. 130 (guideline case on Art.6 delay in enforcement of confiscation orders)
• Del Basso [2011] 1 Cr. App. R. (S.) 41, a landmark authority on confiscation in the context of regulatory offences.