The Government is determined to use the courts to recover the proceeds of crime. The Proceeds of Crime Act 2002 introduced, for the first time, comprehensive powers to recover criminal proceeds in the civil courts without prosecution or conviction.
The power to bring such proceedings was initially vested in the Assets Recovery Agency. That has now been abolished but its powers have been transferred to the Serious Organised Crime Agency. In April 2008 the CPS and SFO were given the power to conduct such proceedings as well.
Members of chambers have appeared in important early cases as the jurisprudence was developing and many other such cases as well in the High Court and the Court of Appeal. Examples include Olden, Sziepetowski, Allan, Zejnulai, Craven and Pepper, Bosworth and Balfour Beatty.
Based upon our significant experience advising upon and developing jurisprudence for ARA in this area, we are now retained by the CPS and SFO as well as respondents to advise upon and act in the development of the latest jurisprudence.
We are able to provide advice and litigation services to SOCA and the prosecuting authorities, persons subject to investigation, third parties and financial institutions concerned about their obligations.