Restraint and confiscation.
Whether dealing with criminal or civil proceedings Crucible’s barristers are experts in asset tracing, confiscation and restraint. We regularly act in freezing orders, restraint of assets, forfeiture and contested confiscation hearings.
Even when there is no relevant criminal conviction, prosecutors can seek Unexplained Wealth Orders as well as the recovery of assets and funds through the civil courts. In such circumstances, instead of securing a criminal conviction prosecutors need only prove that the relevant property represents the proceeds of criminal activity to the civil standard, the “balance of probabilities”. This means that, in certain circumstances, even if a defendant is found not guilty of a criminal offence, prosecutors may pursue a claim for their assets. We are highly experienced in this area of law, and can advise whether you are seeking to pursue such a claim, or resist it.
Our restraint and confiscation barristers are experts in areas such as:
- Determining criminal benefit
- Criminal lifestyle
- Enforcement proceedings
- Receivership proceedings (both management and enforcement)
- Third party, and competing claims, to property which is subject to a confiscation order
- Working with non-legal experts such as specialist forensic accountants
