Cash Seizure, Detention and Forfieture

The Proceeds of Crime Act 2002 vastly extended the ambit of cash seizures to the seizure of cash in any part of the jurisdiction and is no longer dependant on establishing a connection to drug trafficking. The cash once seized can be detained for up to 2 years prior to any application for forfeiture.

Under this legislation, proceedings are initiated not against a person but simply against the property (including but not limited to cash). In order for the property to be recoverable, the Crown must establish on the balance of probabilities (meaning more likely than not) that the property is the proceeds of crime or is intended to be used in crime.

This specialist area of law falls outside the scope of traditional criminal law and requires expert advice and representation. We have extensive experience in applying for the release of detained cash, resisting applications for forfeiture and appealing forfeiture orders, ranging from seizures of £5,000 to £5,000,000. We regularly act for individuals and corporate clients who have had property seized from them by the authorities.

This area of law recently became the subject of media attention due to the widely reported Operation Rize, an operation during which authorities were able to search safety deposit boxes and over £1bn of cash, drugs and firearms were seized. In June 2008, officers from the Metropolitan Police’s Economic and Specialist Crime Command [SCD6] arrested three people on suspicion of money laundering, and began the huge task of searching nearly 7000 safety deposit boxes at three addresses under a search warrant. As a result of the raids over 1000 criminal investigations were also commenced based upon material recovered in the safety deposit boxes and an even larger number of cash seizures. We have been involved in a number of these cases.

We are able to provide emergency advice as soon as a seizure is made. We work closely with the leading barristers in this area, and are also recognised for our own expertise.