POCA

Applications under the Proceeds of Crime Act 2002 (‘POCA’)

Criminal

We provide an effective and detailed response to Section 16 statements  prepared by the prosecution’s financial analysts and expert reports prepared by third parties.

We have successfully reduced benefits assessed and confiscation amounts in numerous cases by forensically analysing complex financial data  and presenting our findings in a way that is easily understood by the Court.

Recent cases involve applications for asset forfeiture following convictions relating to:
*
mortgage fraud
* drug dealing
* Trading Standards offences

Civil

The National Crime Agency’s Civil Recovery and Tax department uses its powers under the Proceeds of Crime Act 2002 to recover property obtained through unlawful conduct.

They are non-conviction based powers.

They are used when, on the balance of probabilities, assets have been financed through the proceeds of crime.

Tax powers can be used if there are reasonable grounds to suspect that a person or company has earned income, profit or gain at least partly through criminal conduct and it has not been declared to HM Revenue & Customs. The NCA can effectively take over the tax powers from HMRC and raise an assessment for the tax owing plus penalties and interest.

It is extremely important therefore, where the defendant has business interests, that a capital statement based approach is adopted to establish the authenticity of asset accumulation during the relevant period. This is the same approach that would be used in a normal tax investigation where HMRC are alleging concealment of profits and capital gains by the business owner.

We have considerable experience over many years of undertaking this type of work and helping to reach negotiated settlements based on the outcome of an often complex financial trail.

Recent case:
* Cash confiscation without prior conviction

We offer a quick turnaround of cases and operate on a nationwide basis.
For a  free initial chat give Graham a call on 0161 879 1919 or email him at gsalmon@grahamsalmon.co.uk.