Autorentext

Nathaniel Rudolf also practices from 25 Bedford Row. He is a fraud specialist and co-author of International Money Laundering and Terrorist Financing. He is also a former Secretary to the Criminal Bar Association (2010-11).

Klappentext

This single volume explains the civil recovery regime under POCA 2002 in the magistrates' court for professionals.

POCA 2002, Pt 5 contains the relevant primary legislation and includes the provisions that deal with the recovery of cash, listed assets, and bank accounts. There is considerable overlap in the principles and procedures that UK law enforcement must follow; from initial searches to the seizure and detention/freeze of assets before submitting an eventual forfeiture application.

Providing expert commentary on POCA 2002, Pt 5 and the principles and procedures that must be followed this title ensures that practitioners can provide practical guidance to individuals and corporates and includes all the relevant statutory provisions, rules, codes and forms.

It answers questions such as:

• Why would a client's bank account be frozen?
• If HMRC successfully applies to freeze a client's bank account, how can I get the court order discharged?
• If my client's cash is seized, how can I practically advise a client to get the funds returned?
• If my client is subject to a criminal investigation and a civil investigation, how should I advise them?
• If my client's bank accounts are frozen, how can everyday expenses, including paying legal fees, be met?

This is a must have title for Financial crime legal professionals, Accountants, Compliance officers, Fraud analysts, Cyber security experts, and Anti-bribery and corruption specialists.

Inhalt

1. Introduction to POCA 2002, Part 5
2. Case law and statutory provisions under Part 5 Civil recovery of the proceeds etc. of unlawful conduct
3. Comparable statutory provisions relevant to applications involving cash, 'listed assets', credit balances and crypto currencies
4. Civil investigations - how to advise clients and likely questions
5. Advice on responding and resisting forfeiture applications
6. Key mistakes and pitfalls to avoid
   Appendices
   A. Legislation
   B. Rules
   C. POCA Codes of Practice
   D. Application Forms