Law & Legal & Attorney Criminal Law & procedure

Serious consequences of confiscation proceedings

Serious consequences of confiscation proceedings.
London's specialist fraud
solicitors have regular and consistent instructions within the field of Confiscation Proceedings, which gives us the in-depth expertise and knowledge to provide our clients with the comprehensive support and advice they need when facing the threat of investigation.

Once someone is convicted of a criminal offence from which they can be shown to have benefited financially, the Proceeds of Crime Act 2002 allows the prosecution to seek a
confiscation order, and invariably they do. They calculate how much the defendant has benefited from his or her conduct and what assets he or she has available in order to repay that benefit.

Our fraud  solicitors have a highly successful record in defeating and / or limiting the extent of confiscation proceedings which can be lengthy, complex and destructive on the individual's business or family members who are affected by them.

We have been involved in some of the largest and most complex confiscation cases of recent times involving the Serious Fraud Office, Her Majesty's Revenue & Customs, Trading Standards Office, Financial Services Authority, Crown Prosecution Service and specialist Economic Crime Units.

Our clients range from individuals to significant corporations. We are experienced in offering commercially focused expertise (we have a number of commercial property solicitors) and understanding the needs of your business or family members who may be affected.

Effective representation, pro-active advice, preventative measures, methodical analysis, specialist Barristers and substantial knowledge of finances are only some of the qualities necessary to defend these proceedings successfully. Our fraud solicitors have all the above attributes, together with technical knowledge and a dynamic approach to challenge what has frequently been described as the most difficult and draconian legal proceedings within the
jurisdiction of English law.

We understand the catastrophic effects of restraint orders on businesses, individuals and their families. Our litigation solicitors are available 24 hours a day, 7 days a week; ready to deal with urgent requests for advice and representation.

As well as helping you understand the full implications of a restraint order, Stuart Miller Solicitors' fraud team will provide commercial knowledge and robust legal support at every step of the way. We will advise you on the legality of a restraint order, what your obligations are under the order and represent you to either vary or discharge the order.

Whilst a restraint or freezing order generally allows reasonable living expenses and makes provisions for the running of a business or trade; if the allowance is insufficient for you and your family's basic needs, we will renegotiate with the court and prosecuting authorities for an allowance increase. If such an increase cannot be agreed, we will fight fearlessly to protect
your interests and those of other family members who may be effected by the order.

We have successfully applied to vary or discharge restraint orders, helping you to lead as normal a life as possible during the life of a restraint order whilst you may at the same time be under criminal investigation or prosecution.

Our criminal solicitors also regularly advise and assist third parties who are affected by the
imposition of a restraint order. We can advise individuals, families, friends and businesses affected by restraint or asset freezing orders, on how to protect their financial interest in assets that may have been frozen.

We understand that being the subject of an investigation is a stressful time for our clients and choosing the right solicitors is of paramount importance. We therefore offer free, no obligation consultations to discuss your case and provide preliminary advice. Please contact us and ask to speak to a Lawyer in the serious fraud team.

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