Category Archives: Civil recovery

Civil recovery Part 5 PoCA 2002

Criminal Finances Act 2017

The new Criminal Finances Act 2017 strengthens civil recovery of the proceeds of crime; creates unexplained wealth orders; creates new offences of failing to prevent the facilitation of tax evasion; and extends existing investigation powers in relation to money laundering and terrorist finances

Criminal Finances Bill proposed

A new Criminal Finances Bill was proposed in the Queen’s Speech at the opening of the new parliamentary year on 18 May 2016. The new Bill is intended to assist in tackling corruption, money laundering and tax evasion.

Getting technical help on proceeds of crime issues

If you visit our website you will find over 70 detailed technical articles which will help you. If you can’t find what you want, try the Quick Query button on our website homepage. That emails me and I will personally reply – free of charge. If you need expert advice, get in touch.

PoCA 2002 and ‘kinds of unlawful conduct’

In order to demonstrate that property is derived from crime does the Crown have to identify at least the kind or kinds of unlawful conduct from which the property has been obtained? Well, actually I would say ‘yes and no’.

Civil recovery under PoCA 2002 & the acquitted defendant

If a defendant has been acquitted of a crime (meaning that it has not been proved to the criminal standard – ‘beyond reasonable doubt’) can an asset or cash believed to have been derived from that crime be subject to civil recovery (since the lower standard of ‘the balance of probabilities’ applies in civil recovery proceedings)?