Cash & Asset Forfeiture and Cash Seizure
Cash and asset forfeiture and cash seizure is the taking away of money or goods during the course of an investigation.
If the court has carried out a confiscation order, the Proceeds of Crime Act 2002 allows the police to seize any cash or assets that are understood to be goods from ill-gotten gains.
When an order has been issued, there is a belief that there are goods that have been bought by the proceeds of crime – or funded a crime. In some instances, police will seize goods that they believe have funded crime.
These seizures can be carried out without any warning, often surprising the person in question.
Police can seize anything from cash to property – and can be extremely distressing for the individuals and family concerned.
What are the conditions for cash seizures?
There are certain conditions that must apply before seizure. These include:
- A police presence is lawful
- There is reason to suggest that the money is recoverable property (obtained by unlawful conduct) or due to be used by any person unlawfully.
- There appears to cash to the value of £1000 or more.
What are the problems with cash and asset seizure?
Problems arise when forfeiture and seizures take place needlessly. Because the court has issued an order, there is little to no notice given. Often situations occur when the individual has to go through a lengthy process to prove that the goods seized were not products of crime but from a legitimate source.
In the meantime, back accounts are frozen and savings are seized, creating huge problems for the individual and any dependents.
Unfortunately, when it comes to cash and asset forfeiture, the lawful model of being innocent until proven guilty is reversed.
How DPP Law can help?
DPP Law has many years of experience in helping people who have been implicated in cash and asset seizures. We understand that this situation requires a swift response to reach a conclusion.