Release of £7 million for client from an AFO by Christopher Convey at Westminster Magistrates’ Court

Christopher Convey was successful in securing the release of £7m from an AFO originally obtained by Her Majesty’s Revenue and Customs (“HMRC”). Release of the monies was achieved against the opposition of HMRC with their case collapsing as a result of the cross examination of the investigator.  In his ruling, the District Judge agreed with Christopher Convey’s submission that, by the end of HMRC’s case, there was no evidence capable of giving rise to any suspicion about the funds and refused HMRC’s request for an extension of the freezing order, permitting release of the funds from the beginning of October 2022.

The hearing, under s.303Z4 of the Proceeds of Crime Act 2002 was heard by DJ Robinson at Westminster Magistrates Court at the end of September 2022. The accounts had originally been frozen under s.303Z3(2) earlier in the year. It is rare that the Courts will refuse Crown requests for extensions at this relatively early stage. However, a properly constructed and reasoned argument that demonstrated the inadequacy of the evidence relied upon in the application gained traction with the Court and secured the release of the client’s substantial funds.  The release of the funds represents another significant success for Christopher Convey in the area of Asset Forfeiture Orders and in financial crime generally.  

Christopher Convey was instructed by Michael Balmer, a partner in the Business and Financial Crime Team of Weightmans Solicitors.