What’S A Confiscation Order?

What is a confiscation investigation?

Section 341(1) of POCA defines a confiscation investigation as an investigation into whether a person has benefited from his criminal conduct, or the extent or whereabouts of his benefit from his criminal conduct.

the amount of their benefit.

the amount of realisable money, property or assets the person holds..

What does criminal property cover?

Proving that property is “criminal property” Constitutes benefit from criminal conduct or that it represents such a benefit (in whole or part and whether directly or indirectly) and; The alleged offender knows or suspects that it constitutes or represents such a benefit [section 340(3)].

What is a proceeds of crime order?

Proceeds of crime is the term given to money or assets gained by criminals during the course of their criminal activity. The authorities, including the CPS, have powers to seek to confiscate these assets so that crime doesn’t pay.

What is the main purpose of the Proceeds of Crime Act 2002?

1. The Proceeds of Crime Act 2002 (“POCA”) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power. Confiscation occurs after a conviction has taken place.

Who does POCA apply to?

Examples of those who are in the regulated sector for the purpose of POCA are banks and other financial institutions, certain insurance companies and intermediaries, tax advisers, estate agents and accountants/legal advisers, in certain circumstances.

How much jail time do you get for money laundering?

In general, the maximum sentencing for money laundering can be a prison sentence of 20 years. Further, the maximum fine is $500,000. That said, the penalties for money laundering may vary based upon the amount of money involved in the crime.

How much can you be fined under the Proceeds of Crime Act for money laundering?

The offence is triable either way. The maximum sentence for this offence is 14 years’ imprisonment on indictment or a fine or both and six months’ imprisonment or a fine or both summarily. For further information, see Practice Note: Money laundering offences—acquisition, use and possession.

What are examples of money laundering?

6 Examples of Money Laundering & How You Could Face False AccusationsStructuring. … Trade-Based Laundering. … Cash-Business Laundering. … Bank Capture. … Casino Laundering. … Real Estate Laundering.

What are the 5 basic money laundering Offences?

5 Basic Money Laundering OffencesConceals criminal property.Disguises criminal property.Converts criminal property.Transfers criminal property.Removes criminal property from the UK.Enters into an arrangement which he/she suspects facilitates the control of criminal property by or on behalf of another person.Acquires criminal property.More items…•

What is a POCA order?

A confiscation order is an order of the Crown Court which requires a convicted defendant to pay a sum of money to HMCTS immediately or, if he/she shows that he/she needs time to pay it, within a fixed period of time (initially limited to a maximum of 3 months, which is extendable to a total of 6 months).

How can I prove I am not laundering money?

The 3 Elements That Must Be Proven in a Money Laundering CaseThe Defendant Knew the Money Involved was the Proceeds of a Felony. If you “laundered” money that you did not know came from the commission of a felony, they you have not committed money laundering. … The Defendant Must Have Initiated or Concluded a Financial Transaction. … That the Defendant Had One of Four Specific Intents.

How is money laundering proven?

To prove violation of §1956(a)(1), the prosecutor must prove: 1) Either by direct circumstantial evidence that the defendant knew that the property involved was the proceeds of any felony under State, Federal or foreign law.

How long does a confiscation order last?

A Confiscation order must usually be paid on the date it is made, but the court can grant 6 months, or in exceptional circumstances 12 months, to pay.

How far back can Poca go?

6 yearsRelevant period? This is 6 years from the date of an offence. If the offence spanned a period, then it is when that period is alleged to have begun. This is sometimes how POCA proceedings begin not only after a conviction but before and during the criminal matter.

What is a default sentence?

A default sentence is a prison sentence that you may be required to serve if you fail to satisfy the Confiscation Order on time.