Confiscation Solicitors Leeds

Whiterose Blackmans

Criminal Defence Experts In Leeds

If you have been convicted of a crime that can lead to confiscation you need expert confiscation, Proceeds of Crime Solicitors.

Confiscation Solicitors Leeds

Whiterose Blackmans Solicitors are Commonly once there is a conviction (after trial or a guilty plea) the prosecution will seek a Confiscation Order. A Confiscation Order does not always only affect the individual in question and we are regularly instructed to act for connected third parties too.

Our solicitors are experienced in dealing with confiscation cases from the initial application through to enforcement.

Perhaps you have had your trial and you hoped the outcome would be positive. But now you have lost and the prosecution are saying you have a criminal lifestyle. They want to confiscate not just the money they say you made as a result of the crime but want to investigate all the money and assets you have.

In certain offences the prosecution can say that your wealth has come from a criminal lifestyle and apply to the court to confiscate assets you own. This can include your home, cars, and bank accounts. If you do not have the funds to pay it then you can be sent to prison in default of payment and still owe the money.

POCA – Proceeds of Crime Act

At Whiterose Blackmans Solicitors we have expert crime solicitors who are experienced in dealing with cases involving confiscation orders under the Proceeds of Crime Act 2002 (POCA). We are often asked to take over cases after a conviction so that we can deal with the confiscation proceedings. Our reputation in this area is growing and we are often recommended by those we are already representing. We have experience in civil liberties matters and human rights.

Restraint Orders

Businesses and individuals can both be affected by the Restraint provisions of the Proceeds of Crime Act. These restraint provisions can include:

  • Freezing of assets at the beginning of a criminal investigation, before any criminal charges are brought. Applications are made by the prosecution without notice to the individual
  • Freezing of assets of an individual and/or connected third parties and/or companies. This can have an international application where relevant.
  • False information given to The Department for Work and Pensions
  • Court ordered statements of truth requestin information in detail of assets & transfers over many years
  • Court ordered requests for the immediate disclosure of assets both in the UK and abroad
  • Repatriation of assets abroad e.g. return of assets to the UK
  • Appointment of Management Receivers to trace and recover assets
  • Production Orders to obtain personal records
  • Contempt proceedings for alleged non-cooperation
  • Orders which seek to limit living expenses and business expenditure.
Our Criminal Law Solicitors are experienced in advising on the following:
  • Applications to discharge Restraint Orders
  • Variation of restraint orders
  • Releasing third party assets

Enforcement

When a Confiscation Order is made in the Crown Court, the court will direct that this is paid within a specified time limit and set a period of imprisonment in default if this is not paid on time and in full. If a Confiscation Order has not been paid, in whole or in part, Enforcement Proceedings can be initiated in the Magistrate’s Court.

Our Solicitors can assist in all aspects of Enforcement proceedings, including:
  • Representation in the Magistrates Court
  • Negotiating certificates of inadequacy/variations despite the findings made in the original hearings in the Crown Court
  • Challenge appointment of Receivers to sell assets
  • Challenge applications for the default sentence to be executed
  • Applications to extend time to pay
  • Negotiating additional time to pay even beyond the statutory time limits, having the effect of delaying enforcement proceedings
  • Discharge and variation of confiscation orders
  • Advice on appeal of the confiscation order

Acting for Third Parties

Restraint and Confiscation Orders and Enforcement Proceedings can impact on innocent third parties in some circumstances too. Our Solicitors are experienced in acting for third parties in all aspects of restraint and confiscation.

Cash Seizure Detention & Forfeiture

These powers affect anyone found with in excess of £1000 in cash. We can assist with:

  • A Detention Order being made by the Magistrates’ Court to allow the police to hold it for up to two years whilst they investigate
  • A Forfeiture Order by the magistrates court unless the individual can prove the cash was from a legitimate source and for a legitimate purpose
  • This applies even if the cash belongs to someone else — and it is very difficult for that third party to be heard to get their cash back
  • Recovery of costs issues

Civil Recovery

Civil recovery proceedings are usually brought when a prosecuting agency believes that an individual or a company has assets that were acquired through criminal conduct but does not have enough evidence to bring a criminal case against them. However, civil recovery proceedings can also be brought even where a defendant has been previously acquitted in the Crown Court.

As these are civil proceedings there is no requirement for a jury to be satisfied beyond reasonable doubt but merely for the court to be satisfied on the balance of probabilities that the assets are the proceeds of crime. We can assist with the analysing the evidence, collating evidence to enable us to negotiate with the investigating authority. We have an extensive pool of experts to assist if required.

Free Initial Consultation

We offer a free initial consultation in all areas of law. We have specialist solicitors in all our practice areas, all of whom have many years of experience. We advise and represent our clients in a pro-active, friendly and honest manner in order to obtain the best possible outcome. From the outset, you can be confident that you have specialist solicitors on your side. We have specialist solicitors in Civil Litigation, Criminal Defence, Divorce, Family Law, Immigration & Personal Injury. We are authorised to provide Legal Aid funding for qualifying criminal law matters. Our initial consultation is always free and we can offer a "No Win-No Fee" in Personal Injury Cases. We can in certain circumstances arrange a consultation in the convenience of your home.

What our clients say about Whiterose Blackmans on


  • review rating 5  MR MUDASSIR ALI represent my case and he quickly responded to my all queries and kept me regularly informed .Mudassir is very Helpful and professional highly recommend this firm.

    thumb Mubashar Ahmed
    8/06/2020
  • review rating 5  Thank you so much Mr MUDASSAR i got my LEAVE TO REMAIN in 2 weeks time. Thanks for understanding my situation and the detailed information of this knowledge you have its amazing. You did my all paperwork with reasonable fees. Thnx man it means a lot to me. Naveed shahzad

    thumb Naveed Shahzad
    1/29/2020
  • review rating 5  Whiterose Blackmas solicitor is the best solicitor for immigration as far as I have seen. They gave me hope to proceed in the route which will be ideal for me and accessed all the relevant evidences. Specifically Anita Tahir an immigration expert ,  who took my case perfectly and  helped me get the decision swiftly and provided me updates then and there . I would recommend them  to whoever ask me for guidance .

    thumb bright rajesh
    7/25/2019
  • review rating 5  Amazing solicitors, always helpful and professional. Have assisted me in many of my cases and have been very generously supporting our charity Hope Welfare Trust for many years. Keep up the great work

    thumb Mohammed Zahoor
    6/13/2020
  • review rating 5  I contacted Whitehorse Blackmans Solicitors as I needed help with my British Citizenship application. I was thoroughly and patiently guided through the maze of the questions I had by Mudassir over the phone, followed by an appointment at their office. Everyone at the office were so lovely, welcoming and helpful. Having had horrid experience with immigration solicitors in London before, I was so pleasantly surprised at Mudassir’s efficiency and commitment to his work. Everything went incredibly fast, with my application being ready and sent off within a week. I am so thrilled to say that I received my British citizenship a few days ago! The entire process took less than two months, mainly thanks to Mudassir’s incredible efficiency and organised hard work. His work was also complimented by the lady at the Biometrics office, letting me know that my documents were uploaded in such an incredibly organised and proper manner, allowing them to move forward quicker and send my case off to the Home Office on the same day, speeding up the process considerably. All I have to say is a massive thank you to Mudassir for his fantastic work. I highly recommend him and Whiterose Blackmans Excellent experience *****

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    9/12/2020
  • review rating 5  Anita did such a great work with our case. She talked us through the whole process and was always there when we needed her. Detailed oriented and very professional. So happy with her service!

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    7/03/2019
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