Call us0333 370 4333
05/04/17

Criminal Finance Bill 2016/2017| Kangs Financial Fraud Solicitors

Share

Timothy Thompson of Kangs Solicitors comments further on new offences proposed by this Bill.

Unexplained Wealth Orders (UWOS) | Kangs POCA Solicitors

UWOs are to be introduced to enable law enforcement agencies to seize and investigate property of an individual, without having to first prove criminal conduct, where it is suspected that such property represents the proceeds of crime.

In effect, the presumption will be that if possession of the property in question appears to be disproportionate to the known income of the person in possession, it has been funded by the proceeds of crime.

Upon being served with a UWO, the onus will be upon the individual to explain the nature and extent of their interest, how they came to obtain it and the provenance of the funds involved.

Potential Consequences of a UWO | Kangs Confiscation Solicitors 

On the face of it, the issue of a UWO will result in:

  • The individual involved proves, on a balance of probabilities, that the asset has been funded for legitimately and the property is released; or
  • The explanation provided by the individual is unsatisfactory, the property is deemed to be recoverable property and civil recovery proceedings will follow; or
  • The Individual fails to attend to the requirements of the UWO, he is found to be held in contempt of Court and the property will be presumed to have been acquired as the result of criminal activity and therefore recoverable.

Our Expertise| Kangs POCA Proceedings Specialists

UWOs are yet to be approved by Parliament. However, we are currently and regularly instructed in respect of all existing civil recovery matters such as Cash Seizure, Asset Forfeiture, Restraint, Property Freezing Orders and Civil Recovery Proceedings

Should you or someone you know be affected by any of the above please do not hesitate to contact our team through any one of the following:

Contact

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07710 67 77 67

Criminal Litigation
In a previous article entitled ‘Police Powers of Seizure of Property’ we explained the range of powers that enable the police to seize property when considered necessary to assist a criminal investigation and to preserve evidence. When conducting a criminal investigation, the police are entitled to retain seized items until the conclusion of that investigation […]
12/03/25
Serious Fraud, Tax & HMRC
HMRC is allowed to deregister a company from VAT where that company has been using its VAT Registration Number for fraudulent purposes. This power derives from the European Court of Justice case of Valsts ieņēmumu dienests v Ablessio SIA C-527/11, (‘the Ablessio principle’). Amongst the various forms of Notice of VAT Assessment which HMRC may […]
10/03/25
ADR & Mediation, Commercial Disputes
Shareholder disputes are a common occurrence, whether between shareholders themselves or between the shareholders and the Board of Directors. These conflicts can stem from a variety of issues, including breaches of directors' duties, disagreements over company policies, financial mismanagement, or disputes over financial remuneration. At the start of any business venture involving multiple individuals with […]
06/03/25

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note do not accept legal aid instructions.
Old map of Birmingham