SUCCESSFUL OUTCOME FOR ARAX LAW IN ACCOUNT FORFEITURE PROCEEDINGS
Arax Law is delighted to be able to report a successful result in account forfeiture proceedings at Westminster Magistrates’ Court. Those proceedings related to a number of bank accounts that had been frozen in the context of a wider fraud investigation. We were able to secure the release of all frozen funds and a significant contribution to the client’s legal costs from the financial investigator without a contested forfeiture hearing, prior to the conclusion of the underlying criminal investigation. We were also able to successfully achieve a no further action outcome in relation to the underlying criminal investigation after extensive and detailed representations being made to the Crown Prosecution Service.
This was a complex and sensitive matter featuring allegations of serious misconduct made against law enforcement officers involved in the underlying criminal investigation as well as an abuse of process application in the account forfeiture proceedings.
Respondents to account freezing/forfeiture proceedings linked to live criminal investigations are often advised to simply sit back and let the criminal investigation run its course before engaging substantively with the related account freezing/forfeiture proceedings. Whilst that may be an appropriate course of action in many cases, this particular case highlights the need to adopt a more nuanced and proactive approach in certain situations.
If you require advice and assistance in relation to account freezing or forfeiture proceedings, or any other form of civil forfeiture/recovery proceedings under part 5 of the Proceeds of Crime Act 2002, then please get in touch with us.