Specialists in Serious Fraud and Complex Criminal Defence
MPR instructed to advise and represent in cash seizure case
MPR Solicitors have been instructed on behalf of another client in relation to a cash seizure. We have been asked to advise on this matter pre-interview with a view to avoiding charges relating to fraud or money laundering. Presently we have seen little evidence from the police that the origin of this money is from criminal property.
Cash seizures are becoming more and more common under the draconian powers of the Proceeds of Crime Act 2002 (POCA).
A customs officer or a police officer may seize cash at the borders or inland if he has reasonable grounds for suspecting that the cash is recoverable property or intended for use in unlawful conduct and if the sum seized is in excess £1000.
The authorities can hold the cash for unto 48 hours following which an extension of time must be sought from the Magistrates Court.
The Magistrates Court may in the first instance extend the period for unto 3 months. Continued applications can be made and on each occasion the period may be extended by upto 3 months. The cash can be held unto a maximum of 2 years and a final forfeiture hearing will take place before the expiry of 3 years.
At any time during this time frame the person from whom the cash was seized is entitled to make representations for the cash to be released or as is sometimes the case if the seized cash belongs to a third party then that party is also entitled to make representations for the release of the cash.
At MPR we are able to give specialist legal advice on the area of cash seizures and how to approach any interviews and prepare your case for court with view to securing the return of the seized cash and also avoid any further investigation into other offences such as money laundering or fraud. Our proximity to London and to Heathrow Airport and Gatwick Airport means we are ideally situated to see you quickly and provide you with our expert advice on presenting your case so that your cash is returned to you.