Call us0333 370 4333
03/07/17

Successful Cash Recovery | Kangs Criminal Defence Solicitors

Share

Kangs Solicitors were instructed to seek recovery of money seized from our client by the UK Border Agency (‘UKBA’) at Stansted Airport.

Timothy Thompson of Kangs Solicitors explains the events.

The Background | Kangs Money Laundering Solicitors

Our client and his family were at Stansted Airport anticipating boarding a flight to take them on holiday when UKBA Officers stopped and searched him.

The officers discovered cash which they alleged derived from the proceeds of criminal conduct and as our client was, at that time, unable to evidence the provenance of the cash, the UKBA Officers seized and retained it.

The Law | Kangs Financial Crime Advisory Solicitors

The applicable law is contained within sections 294 to 303 of the Proceeds of Crime Act 2002 (‘POCA’).

Generally cases of this nature will follow this order:

Seizure of the ‘cash’

Since POCA both customs and police are allowed to seize cash of more than £1,000 from someone entering the country, or who is already in the country, if it seems that the cash:

  • derives from a criminal act
  • is going to be used illegally

Detention of the ‘cash’ - The Relevant Time Limits

Section 295 POCA

(1)

While the customs or police have reasonable grounds for suspicion, cash seized under section 294 may be detained, initially, for a period of 48 hours.

(2)

This period may be extended by a Magistrates’ court order but it cannot authorise the detention of any of the cash—

(a) beyond the end of the period of 3 months beginning with the date of the order,

(b) in the case of any further orders granting further extensions beyond the end of the period of 2 years beginning with the date of the first order.

Forfeiture of the ‘cash’

As these proceedings are civil in nature, the retaining authority must show that on a balance of probabilities. i.e. more probable than notthat the cash derived from criminal conduct.

Our Client’s Case | Kangs Money Laundering and Fraud Solicitors

Our client maintained that the cash seized had been earned legitimately by him from his occupation as a self-employed building contractor.

During the course of the preparation of our client’s application for the return of the cash we:

  • conducted lengthy meetings with our client and his wife taking detailed instructions
  • Located and took statements from witnesses who had paid our client for his services.
  • Obtained and scrutinised financial/banking documents which proved the source of the seized cash
  • Prepared a full response opposing the Crown’s allegations.

Successful Result | Kangs Complex Fraud Team

After months of preparation of the nature described above, further consideration by the Crown of the detail which we had provided resulted in our client’s money being returned to him, to his enormous relief.

Who Can I Contact For Help? | Kangs Cash Seizure Solicitors

If you are a business, whether a sole trader, partnership or company, we are here to assist and advise you on with all aspects relating to applications  for the release of any cash that has been seized by any of the authorities.

Our team of solicitors has a proven track record of assisting many individual and businesses achieve the right result following a cash seizure.

Our expert team of Solicitors can be contacted through the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
07779 0559070121 449 9888 | 020 7936 6396

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

New Sentencing Guidelines (‘the New Guidelines’), which come into effect on 1st January 2020, have been issued covering adults convicted of Public Order Offences. John Veale of Kangs Solicitors comments upon the changes. Background | Kangs Sentencing Advisory Team In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines in respect of such […]
01/11/19
The Court of Appeal has recently handed down an important Judgement protecting legal professional privilege (‘LPP’). Helen Holder of Kangs Solicitors explains the nature of LPP. What is Legal Professional Privilege? | Kangs Criminal Law Advisory Team LPP protects all communications between professional legal advisors and their clients from being disclosed without each individual client’s […]
31/10/19
A cut-throat defence arises where, during criminal proceedings, a defendant gives evidence on his own behalf and which is not only likely to strengthen the prosecution case but is designed to damage a co-defendant’s case to the extent that it may go as far as blaming the co-defendant whilst endeavouring to exonerate himself. John Veale […]
30/10/19

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