Restraint orders

As part of its powers under POCA, the UK authorities may apply to the Courts for a suspect person or business entity’s assets to be frozen for the purposes of confiscation proceedings in the event they are later convicted of a criminal offence.

There is a requirement that there is at the very least an active criminal investigation into the subject or that actual proceedings have been initiated.  A restraint order is issued under the Proceeds of Crime Act 2002 (POCA), and proceedings can be brought against an individual or business or associated third party or family member to prevent them from selling or passing on assets. Often there are onerous disclosure obligations on the subject requiring them to provide detailed financial information with the threat of contempt of court proceedings should they fail to do so.

Janes Solicitors have extensive experience dealing with all aspects of restraint orders and have been instructed in some of the largest and most complex cases in this field, so if you are the subject of a restraint order contact Janes Solicitors immediately to speak to an expert lawyer.

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Foreign requests for restraint orders

Given London’s global prominence as a financial centre, the UK sees a number of requests from foreign governments for restraint orders to be issued over assets held in the UK even though the substantive matter is in another jurisdiction. We have represented clients in some of the leading cases in this field, including the leading case of Gianluigi Torzi, with judgment in favour of the subject resulting in the discharge of the order. 

Janes Solicitors are experts in the field of money laundering and the proceeds of crime. We will advise you on how best to proceed to help protect your interests.

Contact one of our experts on money laundering and proceeds of crime

Janes Solicitors is a high-quality practice providing specialist advice on all areas of Money Laundering and Proceeds of Crime. With extensive experience in all aspects of Proceeds of Crime, a well-earned reputation as leaders in our field and proven success, we take a proactive and pragmatic approach to legal advice and build a solid case-tailored defence team of leading professional to suit the needs of each and every one of our clients. We are highly committed to our clients and take pride in our fearless commitment in each and every case.

If you need advice, are under suspicion or investigation or if you are being prosecuted for a serious criminal offence, telephone our offices today on 020 7930 5100, or alternatively you can contact us via our online contact form, and one of our team will be in touch shortly. We are there when you need us. We understand sometimes you may need urgent advice outside normal office hours. We are available seven days a week, you can call us on our out-of-hours service number on 07789 622 430.

David Janes | Partner

Head of Serious and Complex Fraud and Taxation
020 7930 5100 | Out of hours: 07789 622 430

James Mullion | Partner

BA
020 7930 5100 | Out of hours: 07789 622 430

Simon Barker | Partner

LLB
020 7930 5100 | Out of hours: 07789 622 430

DPP v Torzi (Southwark Crown Court and Westminster Magistrates’ Court)

Successful discharge of a Restraint Order against our client brought by the Vatican state, in relation to alleged extortion of £15m in the course of the Holy See’s purchase of a London property for £360 million.

Subsequent successful discharge of extradition warrant against our client in this high profile and unprecedented case.

Reporting:

Need advice? Call us now.
020 7930 5100
Out of hours: 07789 622 430