The Proceeds of Crime Act 2002 (POCA) enables the authorities to seek possession and retention of assets and property believed to be obtained through criminal activity within the last 6 years. POCA proceedings have become a tool used by the authorities to further punish individuals who they believe are gaining from criminal activity. Proceedings are usually commenced following a successful conviction for a substantive offence that has led to the convicted individual receiving some financial gain.
Once POCA proceedings are instigated it is for the accused to prove the assets or property was obtained from legitimate sources. Walsh Solicitors have specialist accountants and dedicated solicitors trained in POCA and financial accounting to help achieve this and ensure you keep the assets you are entitled to. Our POCA team take a proactive approach in piecing together complex financial affairs in order to demonstrate assets should not be seized.
We strongly recommend you contact our POCA team at the outset of POCA proceedings, as this is a highly complex area of law. Should the court make an order for repayment against you and you are unable to repay or unwilling to repay the amount it could lead to a substantial custodial sentence. It is therefore essential to contact our POCA team to keep any assets or property seized to a minimum.