Civil recovery, a form of non-conviction based asset forfeiture, was introduced as a result of the Proceeds of Crime Act 2002. Under this regime the High Court has the power to make freezing orders on property and make recovery orders – even if the individual has neither been convicted nor tried in relation to a criminal allegation.

While once rare, with the introduction of the Proceeds of Crime Act, the use of the civil recovery regime is now on the increase. Persons who have become increasingly at risk of civil recovery orders include shareholders, investors and institutional investors. Recovery orders can often involve substantial cash seizures or cash forfeitures, enacted on the suspicion that the cash has come from a criminal act and/or is going to be used illegally.

Cash seizure involves criminal law, whereas cash forfeiture involves civil law, and different procedures, different evidentiary rules and separate courts will be used accordingly. This is why it is essential for anyone facing potential investigations to seek expert legal advice which will provide clarification on matters of asset forfeiture.

Our specialist team has been involved in a large number of these cases and has the expertise necessary to advise and represent clients effectively in such matters.

Stokoe Partnership will take immediate action to work out why your assets have been seized, and whether the seizure or forfeiture was legal. Using effective negotiation skills developed throughout years of experience, our team do everything possible to secure a return of your cash or other assets without the need to resort to further legal proceedings.

In the event of that negotiation is not possible, we will advise you regarding your rights and the most appropriate course of action. Stokoe guarantees that each client will receive quality guidance and support, as well as assistance in preparing evidence for proceedings, with the goal of forming the absolute best defence possible.