Practice areas:
proceeds of crime

One Paper Buildings has a team with extensive experience and training in proceeds of crime work. Consequently, whether it is for the prosecution, defence, applicant, respondent, third party or receiver, One Paper Buildings can offer expert advice and advocacy in this dynamic and increasingly prevalent area of law.

The Government has never had such wide-ranging and formidable powers to tackle the proceeds of crime, both pre and post conviction and, in many cases, in circumstances in which a prosecution will never arise.

There can be no doubt that the Government and its agencies are targeting the proceeds of crime both through ex post facto measures (confiscation) and preventative measures (cash and asset forfeiture) against crime. In a recent speech the Solicitor General Edward Garnier QC MP explained why:-

“The estimated cost of organised crime to the UK economy is £20-40 billion a year. The importance of tackling organised crime through disruption of criminals, plots, conspiracies and crime itself cannot be overstated. Money, and particularly tax-free access to other people's money, both motivates criminals and constitutes the reward for the risk of conducting criminal activities and it provides the capital available to invest in future scams and conspiracies. Organised criminals may accumulate wealth in cash and assets or spend their profits sustaining a lavish lifestyle, and the profits from crime are used to buy the goods and services needed to fuel future criminal activity. Criminal finances run through and link all aspects of organised criminality, from burglaries committed locally to pay for drugs, to supporting the networks needed to smuggle the same drugs across international borders.”

In the current straitened economic times there is a great hunger to claw money back from criminals and, inevitably, individuals and businesses who work with anything other than orthodox financial practices may be at risk of losing legitimately obtained assets as a result of the being unable to demonstrate their veracity to the authorities.

Further, professionals and businesses who deal with the assets and monies of third parties in the regulated sector may, without proper policies and training for personnel in place, find themselves falling foul of the “tipping off” provisions (section 330-333 POCA).
To reflect and better service the increasing depth and breadth of their caseload, members of One Paper Buildings have formed a specialist team who have experience in researching, preparing and presenting everything from restraint and receivership applications before the High Court to enforcement hearings in the Magistrates' Court.

Members of chambers also take their interest in proceeds of crime work beyond the courtroom. This includes a number of our members being involved in the Proceeds of Crime Lawyers Association and writing for leading publications in this area. Both in and out of court the team below provide a bespoke service to corporations, firms and individuals at all levels of call and seniority.

As part of the “added value” that we offer to our professional clients we produce a regular proceeds of crime update in our chambers quarterly newsletter: the News@One. Subscribers will benefit from a comprehensive digest of the relevant recent caselaw in addition to occasional “Case in Focus” features on particularly important authorities. See, for example, our recent article on Gale v SOCA [2011] UKSC 49

If you wish to subscribe to the News@One then please do not hesitate to email brettcarver@onepaper.co.uk

Team

1. Alastair Malcolm QC
2. Karim Khalil QC
3. Roger Harrison
4. Sally Hobson
5. Robert Bryan
6. Gregory Perrins
7. Andrew Shaw
8. Georgina Gibbs
9. Quinton Newcomb
10. Nicola Talbot
11. Barnaby Hone

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