NCA using Civil Recovery & Tax Powers to Target Assets

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Legally reviewed by: Laura Smith In: Corporate & Financial Crime

The NCA have recently secured a £8m order using a combination of civil recovery and taxation powers under the Proceeds of Crime Act 2002.

Part 5 of the Act, makes the confiscation of assets far easier for the authorities. It removes the need for there to be a conviction in order for assets to be recovered, as the authorities can now use civil recovery powers to take the assets. All that an authority has to do when applying to the High Court is prove on the balance of probability that assets or property have been acquired through unlawful conduct. Any profits made from assets obtained through unlawful activity can also be recovered.

Part 6 of POCA deals with Taxation. Where the authority has reasonable grounds to suspect that someone has income or assets obtained as a result of crime they will raise tax assessments which if unpaid attract large penalties and interest.

Cartwright King’s corporate and financial crime solicitors are experts in assisting anyone made subject to any civil recovery or tax order, please contact us for expert legal advice and assistance.

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All advice is correct at time of publication.