Successful Removal of Account Freezing Orders
In a recent case, the team at KANGS successfully secured the removal of Account Freezing Orders (AFOs) obtained by HM Revenue & Customs (HMRC) against seven different bank accounts.
HMRC obtained the Freezing Orders on the grounds that it suspected the funds held within the accounts were derived from criminal conduct, namely tax evasion, and alleged that our client intended to use those funds for the purposes of criminal activity.
Leveraging years of experience in contesting HMRC's enforcement actions, our team conducted a thorough review of the Freezing Orders and delivered a robust response. This resulted in the full discharge of the Account Freezing Orders, restoring our client's access to his funds.
Tim Thompson of KANGS outlines the activity leading to the achievement of this successful outcome for our client.
HMRC Allegations
During the course of its investigation into our client’s financial affairs, HMRC obtained Production Orders against his bank accounts.
HMRC subsequently alleged that the receipts into our client’s bank accounts did not align with his declared income and that the substantial level of expenditure from his business accounts indicated that he was engaged in money laundering.
How We Assisted Our Client
In preparation for mounting a strong challenge to the Freezing Orders, our solicitors:
- attended our client obtaining detailed instructions regarding the circumstances behind HMRC's allegations, the source of the funds triggering suspicion and all relevant trading activity,
- advised our client on his overall position and the necessary actions required to rebut the allegations and secure the removal of the Account Freezing Orders.
- examined in detail all the documentation served by HMRC upon which it relied and discussed the same in detail with our client,
- advised our client on all the documents which would be required to accompany the application to remove the Freezing Orders,
- collated and considered a considerable volume of evidence produced by our client,
- prepared extensive and detailed representations with supporting documents addressing every allegation raised by HMRC.
After examining all the material submitted, HMRC raised further enquiries, which led to detailed discussions taking place.
The Removal of the Account Freezing Orders
Following consideration of the detailed representations submitted by the team at KANGS and the subsequent discussions, HMRC fully accepted our client’s contentions and arranged with the Magistrates’ Court for the Freezing Orders to be set aside.
Our client was extremely grateful for the successful outcome which had been achieved, as the Freezing Orders had severely restricted his access to funds, causing extreme financial hardship for him and his family.
How Can We Assist?
The team at KANGS has established an enviable nationwide reputation in financial investigations, particularly under the Proceeds of Crime Act (POCA). Our expertise in representing those facing allegations of financial crime has earned us recognition from leading directories, Chambers UK and The Legal 500, for the high level of professional service we consistently provide to our clients.
Our team of solicitors is accustomed to assisting companies, directors, and individuals facing Restraint Orders, Account Freezing Orders, and all types of Account Forfeiture Orders.
If you are facing allegations of financial crime and are under investigation by HMRC, please get in touch, we would be pleased to hear from you. Contact our team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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