Criminal Restraint and Confiscation

Asset restraint and confiscation measures are now actively considered by the investigating authorities in every case where a defendant is alleged to have benefited financially from criminal conduct.

Criminal Restraint and Confiscation

Asset restraint and confiscation measures are now actively considered by the investigating authorities in every case where a defendant is alleged to have benefited financially from criminal conduct.

If you are a suspect or defendant in a criminal case, it is increasingly usual for prosecutors at a very early stage of the investigation to seek Restraint Orders to restrict your use of assets. Prosecutors often seek the financial appointment of a management receiver where there are businesses involved. The effect on those restrained can be devastating.

For those convicted, Confiscation Orders are issued to deprive the defendant of the financial benefit of their crimes. If you fail to pay the money due under a confiscation order within 6 months, you could face a 10 year prison sentence.

Restraint and Confiscation Orders can have a devastating impact on those subject to them, and their family and business interests. This is a complex and highly specialised area which requires a tactical and strategic approach.

We have successfully challenged many Restraint Orders issued by UK and overseas authorities and in some cases have assisted clients to avoid the imposition of Confiscation Orders by negotiating with prosecuting bodies, helping clients gain unrestricted access to their assets.

The Khan Partnership has extensive experience of dealing with cash seizures. HM Revenue and Customs, the police, immigration officers and accredited financial investigators have extended search powers in respect of cash and other assets suspected of being derived from unlawful conduct.