Proceeds of Crime
Strategic advice on POCA proceedings, asset freezing, and forfeiture.
The Proceeds of Crime Act 2002 (POCA) gives authorities extensive powers to investigate, restrain, and confiscate assets believed to be connected to criminal activity. These proceedings can have devastating consequences for individuals and businesses, even where no criminal conviction has been obtained.
At Duan & Duan UK LLP, our practice covers account freezing orders, forfeiture proceedings, and variation applications. Much of our work concerns cross-border financial dealings, where we advise clients on navigating the intersection between domestic and international financial regulations.
Our POCA Services
We represent clients in all aspects of proceeds of crime proceedings, including unexplained wealth orders, account freezing and forfeiture orders, confiscation proceedings, cash seizure and detention, and civil recovery proceedings.
Practice lead
Our POCA practice is led by Jackson Ng MCIArb, Partner & Barrister at Duan & Duan UK LLP. Jackson has particular experience of account freezing orders (POCA s.303Z1), property freezing orders (s.245A), civil recovery under Part 5, and confiscation under Part 2, frequently in cases involving cross-border asset tracing between the UK, Greater China, and offshore jurisdictions. For a more detailed overview, see our POCA guide for Chinese clients (Mandarin).
Frequently Asked Questions
What should I do if my UK bank account is frozen under POCA?
Account Freezing Orders are made by a Magistrates' Court under section 303Z1 of the Proceeds of Crime Act 2002 and can last up to two years. You should immediately instruct solicitors with POCA experience, preserve all evidence of the source of funds (wire transfers, tax records, employment and business documents), and avoid engaging with the bank or enforcement agencies directly. There are statutory routes to challenge an AFO but timescales are short.
What is an Unexplained Wealth Order and when can one be made?
An Unexplained Wealth Order (UWO), under section 362A POCA 2002 (Part 8), can be obtained by law enforcement in the High Court where there is reasonable belief that a person's known lawful income is insufficient to have acquired property worth more than £50,000. Failure to provide a satisfactory response triggers a presumption under section 362C(2) that the property is 'recoverable property' for Part 5 civil recovery purposes.
Is 'underground banking' illegal if the underlying source of funds is legitimate?
Transferring funds through informal currency-exchange channels outside FCA-authorised systems may amount to money laundering offences under sections 327 to 329 POCA 2002 and breaches of the Money Laundering Regulations 2017, even where the underlying source of the money is lawful. The mechanism of transfer (not only the ultimate source) can make funds 'recoverable property' in the UK.
Can a student or family member be targeted under POCA for parental transfers?
Yes. Large inbound transfers, particularly if structured across multiple remitters or in short intervals, can trigger a Suspicious Activity Report by the UK bank and lead to an AFO. The burden is on the account holder to demonstrate a lawful source. Contemporary evidence (tax records of the parent, purpose-of-transfer documentation, student fee schedules) is key.
What is the difference between civil recovery and criminal confiscation?
Criminal confiscation under Part 2 POCA 2002 follows a criminal conviction and targets the defendant's 'benefit from criminal conduct'. Civil recovery under Part 5 is standalone — it does not require a criminal conviction — and applies the balance of probabilities (not beyond reasonable doubt) to recover property that is the proceeds of 'unlawful conduct' (section 241).
How quickly must I act in a POCA matter?
Timescales are short. AFO hearings typically take place within days or weeks of the order. UWO respondents must respond within the time specified by the court, often measured in weeks. Interim injunctive relief in civil recovery proceedings is measured in days. Delay is the single most common reason clients lose recoverable ground.
Do you act for Chinese clients in POCA matters?
Yes. Partner and Barrister Jackson Ng MCIArb leads the firm's POCA practice, with consultations available in English, Mandarin or Cantonese. We regularly act in matters involving cross-border transfers from mainland China, Hong Kong, and offshore centres, including AFOs triggered by underground-banking remittances and Part 5 defences against allegations of daigou or cryptocurrency-linked funds.