Our barristers are regularly instructed by private clients across the full range of our core practice areas, with particular expertise in Business Crime such as sanctions, civil and criminal POCA (Proceeds of Crime Act), anti-money laundering (AML), financial services regulation and directors’ offences.
Civil POCA: Account Freezing & Forfeiture Orders
The use of account freezing and forfeiture orders (AFOs) has increased in recent years, offering law enforcement agencies a quicker, lower-cost route than lengthy criminal trials. These applications often begin with a bank raising a suspicious activity report (SAR) and seeking a defence against money laundering (DAML). Cases may be taken forward by the National Crime Agency (NCA), HMRC or regional police forces.
Our barristers are experienced in acting for individuals and businesses at risk of their accounts being frozen, including those working in high-risk sectors such as luxury goods, pharmaceuticals, property development, waste, metal trading, financial and technical services and cryptocurrency. We are skilled in challenging the broad basis on which AFOs are typically made and advising on the strategic advantages of seeking to discharge an order at an early stage. We also regularly act in cash detention and forfeiture cases.
Criminal POCA: Restraint and Confiscation
We act in cases involving all aspects of restraint and confiscation under Part II of POCA 2002, including:
- Defending pre- and post-charge Restraint Order applications, and applications to vary and discharge
- Appeals against Restraint Orders
- Contested confiscation hearings
- Appeals to the Court of Appeal against confiscation orders
Our experience covers all criminal benefit cases such as fraud and drugs offences as well as complex specialist areas including breaches of planning law, environmental regulation and financial services offences.
Sanctions
Our team’s expertise covers all aspects of sanctions law, covering lists maintained by the UK authorities, the European Union and the US Office of Foreign Assets Control (OFAC).
Work in this area includes:
- Advising government on the inclusion of individuals and entities
- Advising designated individuals and corporates on challenging listings
- Advising on the continuing validity of licences obtained from HM Treasury
- Guidance to third parties, particularly commercial counterparties, financial institutions and law firms on ownership and control
- Acting in proceedings involving unexplained wealth orders (UWOs)
We have also appeared in the Crown Court in some of the few criminal prosecutions for breach of sanctions.
Money Laundering and AML Regulations
We provide comprehensive advice across industries on all aspects of money laundering and AML compliance. This includes the effect of s.340 POCA on overseas investments, supply chain risks such as forced labour and the application of the Money Laundering Regulations. Our barristers are frequently instructed by leading international law firms to advise on AML implications in high-risk sectors.
Financial Services
We advise financial institutions and individuals on compliance with the Financial Services and Markets Act (FSMA) and associated legislation, including the Financial Promotions Order (FPO) and the Regulated Activities Order (RAO). Our barristers engage with the FCA to resolve investigations without enforcement action, advise on making disclosures under POCA and apply the Money Laundering Regulations (MLRs) in a financial services context.
Company Directors: Offences and Disqualifications
We represent company directors facing allegations under the Companies Act, Insolvency Act and other regulatory frameworks. This includes prosecutions for failure to file accounts with Companies House, as well as offences under health and safety, fire safety, environmental protection, data protection, proceeds of crime and data protection law.
We have a track record of providing the advice needed to avoid enforcement action and persuading regulators to discontinue prosecutions. When a case proceeds to trial, clients benefit from our unique combination of specialist knowledge, depth of expertise and proven advocacy skill.
Our barristers also act in directors’ disqualification cases, including successfully resisting Insolvency Service applications.
Criminal Defence
We are regularly instructed in the private defence of all categories of criminal allegation. Particular areas of demand include:
- Offences committed by company directors
- Sexual offences, where the reputational and personal impact requires highly experienced and trusted representation from leading counsel
- Financial crime requiring detailed reconstruction of historical commercial activity
- Road traffic offences, from exceptional hardship arguments to the most serious cases involving death or serious injury and civil proceedings