The introduction of the Proceeds of Crime Act 2002 ushered in a sea change in the field of asset forfeiture law with the creation of the Assets Recovery Agency. As of the 1st April 2008 the ARA’s functions were transferred to the Serious Organised Crime Agency.

Asset forfeiture is seen as a powerful weapon in the judicial armoury for ensuring that crime, most definitely, does not pay. Confiscation post conviction has become commonplace. The confiscation legislation and the framework within which it operates is harsh and oppressive and the courts are ruthless in their interpretation and enforcement of it.

The source of all assets must be revealed, with prison sentences set in default of payment, making specialist advice a prerequisite.

Even suspected income from crime can now be made subject to taxation assessments, while other stringent measures include Restraint Orders, civil recovery proceedings and cash seizures.

Without swift and decisive action you and your business can be deprived of money for a considerable period of time. To ensure that you understand your rights and obligations you need to consult someone with detailed knowledge and experience. Burrows Bussin can advise confidently on all aspects of asset forfeiture and will explore all viable defences.