Civil Recovery

The National Crime Agency (NCA) is the primary agency responsible for issuing recovery proceedings under the Proceeds of Crime Act 2002. Other organisations can also issue POCA proceedings, such as HMRC, the Crown Prosecution Service, and the Serious Fraud Office.

An authorised agency can commence proceedings in the High Court against any person who it believes holds property or, what could be considered property, obtained through unlawful conduct.  There is no requirement for there to be any criminal proceedings or convictions connected to the action, and a civil action can be raised even where a defendant has been acquitted. Recovery of the proceeds of crime is not limited to property situated the UK and can cover any type of property obtained unlawfully. It is also not limited to property in the respondent's possession, which allows the NCA to recover property that has been passed on to family and friends.

The National Crime Agency or other agency issuing proceedings will usually apply for an interim receiving order, effectively a property freezing order, to prevent the respondent from disposing of, or in any way diminishing the value of their assets.

Bright Line Law is a barrister law firm led by Jonathan Fisher QC, one of the UK's leading barristers in white collar crime cases, provides specialist advisory, advocacy, litigation, policy and strategic services. If you require specialist advice on POCA, a member of our team or telephone us on + 44 (0)203 709 9470.

Jonathan Fisher QC
Lead Counsel

Telephone + 020 3872 2852

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