Confiscation, Civil Recovery and Asset Forfeiture

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The laws permitting the State to seize a person’s assets suspected to be derived from criminal conduct are draconian. Such seizures significantly impact the subjects of such seizures. Carmelite Chambers provides a comprehensive and supportive service in all matters of confiscation and forfeiture in both criminal and civil jurisdictions, domestically and internationally.

Chamber’s members have significant expertise in all aspects of the forfeiture regime. They provide comprehensive and practical advice and advocacy at every stage of proceedings: from the initial challenge to restraint orders imposed prior to charge,  to contested post-conviction hearings at first instance and in appellate courts,  domestically and internationally.

Asset forfeiture does not just affect those charged with or convicted of criminal offending.  Civil Recovery Orders and Cash Forfeiture Orders can be pursued on behalf of investigating authorities even in cases in which a person has never been convicted of a criminal offence, provided that it can demonstrate that the property has not been derived from a legitimate source. Chamber’s members of chambers have unparalleled experience in challenging civil recovery orders, recognising the perceived injustice these orders promote and sensitive to the practical difficulties imposed upon a respondent confronted by such litigation.

Members of chambers have been involved in many of the leading cases relating to asset forfeiture. This experience covers a wide variety of factual contexts: terrorism and drug trafficking; duty evasion; money laundering and all aspects of criminal fraud on behalf of individuals and corporate entities.