Profiting from crime.

Professionals who work for organised criminals will face five-year jail terms under a crackdown on those who profit from crime.

Recovering the Proceeds of Crime

Criminals can be deprived of money and assets obtained through unlawful activity, even where the property has been hidden, transferred to another person or moved overseas. The principal legislation is the Proceeds of Crime Act 2002, commonly known as POCA. It gives investigators, prosecutors and courts powers to restrain, confiscate, seize and recover criminal property. These powers can also affect solicitors, accountants, estate agents, financial advisers and other professionals who knowingly or recklessly help clients conceal or use the proceeds of crime.

What Is a Confiscation Order?

A confiscation order is an order made by the Crown Court after a person has been convicted of an offence. Despite its name, it does not normally transfer a particular house, car or bank account directly to the Government. Instead, the court calculates the amount of money the defendant must pay. The court will consider:

• Whether the defendant benefited from criminal conduct;
• The value of the criminal benefit;
• The assets currently available to the defendant; and
• Whether the statutory assumptions applying to a criminal lifestyle case should be used.

The amount ordered will generally be based on the benefit obtained from crime, subject to the value of the defendant's available assets.

Criminal Lifestyle Cases

In certain cases, the court may find that the defendant has a criminal lifestyle. This can apply following a conviction for specified offences, including some drug trafficking, money laundering, Fraud and organised crime offences, or where the offending satisfies other statutory conditions. The court may then make assumptions about the defendant's finances, including that:

• Property transferred to the defendant during the relevant period came from criminal conduct;
• Property held after conviction represents criminal benefit; and
• Expenditure during the relevant period was funded by crime.

The defendant can challenge an assumption by showing that it is incorrect or would create a serious risk of injustice.

Restraint Orders

A restraint order can prevent a suspect or defendant from selling, transferring, hiding or reducing the value of assets before confiscation proceedings are completed. It may cover:

• Property and land;
• Bank accounts;
• Investments;
• Vehicles;
• Business assets;
• Cryptocurrency;
• Jewellery and valuable possessions; and
• Assets held or controlled through another person or organisation.

Restraint orders can be made during an investigation and before a criminal trial. Their purpose is to prevent assets from disappearing before the court has an opportunity to make and enforce a confiscation order. Breaching a restraint order can have serious consequences.

How Long Does a Defendant Have to Pay?

A confiscation order is normally payable immediately. The court may allow a limited period for payment where the defendant demonstrates that more time is required. The initial period is generally no more than three months and may be extended to six months in appropriate circumstances. Interest can accrue on an unpaid order. The court also sets a default prison sentence that may be imposed if the defendant fails to pay. Serving the default sentence does not normally cancel the outstanding confiscation debt.

Hidden or Newly Discovered Assets

A defendant cannot necessarily avoid payment by temporarily hiding assets or arranging for the court to make an order based on limited available property. Where further assets are later discovered, prosecutors may ask the court to reconsider the amount available and require additional payment towards the original criminal benefit. This means that enforcement of confiscation can continue long after the criminal sentence has been completed.

Property Held by Other People

Criminal assets are sometimes placed in the name of a spouse, relative, business associate, company or trust. Investigators and courts will examine who genuinely owns or controls the property and whether it was transferred for less than its true value. A person who claims an interest in an asset may need to provide evidence showing:

• How and when the asset was acquired;
• Who supplied the purchase money;
• Whether the arrangement was genuine;
• Whether they knew about the criminal conduct; and
• Whether the defendant retained control or beneficial ownership.

A third party should obtain independent legal advice rather than rely on the solicitor representing the defendant.

Compensation for Victims

Where a criminal offence has caused identifiable financial loss, the court may make a compensation order for the benefit of victims. Money recovered through confiscation proceedings can sometimes be applied towards compensation. However, recovery will depend on the available assets and the orders entered by the court. The CPS reported in March 2026 that its Proceeds of Crime Division had recovered £478 million through confiscation orders during the preceding five years, of which £95 million had been returned directly to victims as compensation.

Civil Recovery

A criminal conviction is not always required before property can be recovered. Civil recovery proceedings can be used against property believed to have been obtained through unlawful conduct. The case is determined using the civil standard of proof. Civil recovery may be considered where:

• The offender cannot be prosecuted;
• The offender is overseas;
• A criminal case has failed for reasons unrelated to whether the property is criminal;
• The property is held by another person; or
• Recovery through confiscation is not available.

Civil recovery is directed at the property rather than at imposing a criminal conviction on the person holding it.

Cash Seizure and Forfeiture

Police and other authorised officers may seize cash where they have reasonable grounds to suspect that it:

• Represents the proceeds of unlawful conduct; or
• Is intended for use in unlawful conduct.

The cash can initially be detained while enquiries are made. A court can later order forfeiture if the statutory test is satisfied. The proceedings are civil, so a person can lose suspected criminal cash without being convicted of an offence.

Bank and Building Society Accounts

An account-freezing order can prevent money in a bank or building society account from being withdrawn or transferred while its source is investigated. The authorities may subsequently seek forfeiture of the money on the basis that it is recoverable property or intended for use in unlawful conduct. The account holder may challenge the order, provide evidence of the legitimate source of the funds or apply for money to be released for reasonable living or legal expenses where permitted.

Cryptocurrency and Other Digital Assets

Proceeds of crime powers can apply to cryptocurrency and other digital assets. Investigators may seek to:

• Identify wallets and exchange accounts;
• Obtain information from cryptoasset businesses;
• Freeze or seize digital assets;
• Recover passwords, keys or devices;
• Convert assets into conventional currency; and
• Use them to satisfy confiscation or forfeiture orders.

Moving money through several wallets, exchanges or privacy services does not make criminal property lawful.

Unexplained Wealth Orders

An unexplained wealth order requires a person to explain the nature and source of their interest in a particular property. It may be used where the statutory conditions are met, including cases involving:

• Politically exposed persons outside the UK or European Economic Area;
• People suspected of involvement in serious crime;
• People connected with such individuals; and
• Certain property held through companies, trusts or other structures.

An unexplained wealth order does not itself confiscate the property. However, an inadequate or misleading response can assist later civil recovery proceedings, and knowingly making a materially false statement can be a criminal offence.

Recovering Assets Held Overseas

Criminal proceeds are frequently transferred abroad through overseas companies, trusts, bank accounts or property purchases. UK authorities may seek assistance from another country to:

• Obtain evidence;
• Identify assets;
• Freeze property;
• Register and enforce a confiscation order; and
• Return recovered money.

International recovery can be difficult and time-consuming because it depends on the law and cooperation arrangements of the country holding the assets. It is nevertheless possible for confiscation orders to be enforced across several jurisdictions.

Money Laundering Offences

Money laundering is not limited to physically handling cash. It can include dealing with any property that represents the proceeds of criminal conduct. The principal offences under the Proceeds of Crime Act include:

• Concealing, disguising, converting or transferring criminal property;
• Removing criminal property from England and Wales, Scotland or Northern Ireland;
• Entering into or becoming concerned in an arrangement that facilitates the acquisition, retention, use or control of criminal property; and
• Acquiring, using or possessing criminal property.

Criminal property can include money, land, vehicles, shares, cryptocurrency and other assets. A person can commit an offence even where they did not participate in the original crime that generated the money.

Professionals Who Facilitate Crime

Lawyers, accountants, estate agents, company formation agents, financial advisers and other professionals can provide legitimate services that criminals attempt to misuse. A professional may face criminal, regulatory or disciplinary action if they knowingly assist with:

• Concealing beneficial ownership;
• Creating sham companies or trusts;
• Transferring criminal funds;
• Purchasing property with criminal proceeds;
• Producing misleading accounts or documents;
• Disguising the source of money;
• Evading sanctions or confiscation orders; or
• Moving assets after a restraint order has been made.

Professional status does not provide protection where the adviser knows or suspects that they are dealing with criminal property.

Turning a Blind Eye

A person does not always avoid liability merely because they deliberately chose not to ask questions. The court may examine:

• What the person actually knew;
• Whether they suspected money laundering;
• Whether the transaction had obvious warning signs;
• Whether explanations were checked;
• Whether records were falsified or incomplete; and
• Whether the person intentionally avoided confirming the truth.

The precise mental element depends on the offence alleged. Negligence alone is not equivalent to knowingly laundering money, but ignoring clear warning signs can create substantial criminal and regulatory risks.

Reporting Suspected Money Laundering

Businesses operating in the regulated sector must maintain anti-money-laundering procedures and report appropriate suspicions to the National Crime Agency. This can involve submitting a suspicious activity report, commonly called a SAR. In some situations, a person may need to obtain a defence from the NCA before carrying out an act that could otherwise amount to dealing with criminal property. The regulated sector includes many:

• Solicitors and legal professionals;
• Accountants and tax advisers;
• Banks and financial businesses;
• Estate and letting agents;
• Trust and company service providers;
• Casinos;
• High-value dealers; and
• Cryptoasset businesses.

Strict rules restrict the disclosure of information that could prejudice a money-laundering investigation. Telling a client that a report has been made can potentially amount to tipping off.

Professional Privilege

Legal professional privilege protects certain confidential communications between lawyers and clients. However, privilege does not generally protect communications made for the purpose of committing or furthering crime or Fraud. The interaction between privilege, confidentiality and anti-money-laundering reporting duties can be complex. A solicitor facing uncertainty should seek specialist advice through the firm's money-laundering reporting officer or an appropriate professional body.

Regulatory Consequences

A professional does not need to be convicted of money laundering before facing regulatory action. Regulators may investigate:

• Inadequate customer due diligence;
• Failure to identify beneficial owners;
• Poor source-of-funds or source-of-wealth checks;
• Failure to report suspicious activity;
• Weak internal controls;
• Failure to train or supervise staff; and
• Allowing client accounts or professional services to be misused.

Possible consequences include fines, restrictions on practice, loss of authorisation, disqualification or referral for criminal investigation.

Corporate Failure to Prevent Fraud

A separate corporate offence of failure to prevent Fraud came into force on 1 September 2025. A large organisation may commit the offence where an employee, agent, subsidiary or other associated person commits a specified fraud intending to benefit:

• The organisation; or
• A person receiving services from the organisation.

The organisation has a defence if it can show that it had reasonable fraud-prevention procedures, or that it was reasonable not to have such procedures. This offence concerns Fraud committed for an organisation's benefit. It is distinct from confiscation proceedings and the personal money-laundering offences under the Proceeds of Crime Act.

Participation in an Organised Crime Group

The Serious Crime Act 2015 introduced an offence of participating in the criminal activities of an organised crime group. A person may commit the offence where they take part in activities and know or reasonably suspect that:

• They are criminal activities of an organised crime group; or
• Their participation will help the group carry out criminal activities.

The offence can apply to people who provide services or assistance to organised criminals without personally committing the group's principal offences.

Why Confiscation Orders Can Remain Unpaid

A confiscation order can remain unpaid for several reasons, including:

• The assets have been hidden or transferred;
• The property is held overseas;
• Ownership is disputed;
• The assets are worth less than initially expected;
• The defendant has spent or dissipated the proceeds;
• Property cannot be sold quickly; or
• The order includes criminal benefit that exceeds the defendant's assets available at the time.

An outstanding balance does not necessarily mean that enforcement has ended. Further property may be pursued if it is later identified.

Obtaining Legal Advice

Confiscation and asset-recovery proceedings are highly specialised and can affect defendants, families, businesses and innocent third parties. Urgent legal advice may be required where:

• A restraint or account-freezing order has been made;
• Cash or cryptocurrency has been seized;
• Confiscation proceedings have started;
• A person claims ownership of restrained property;
• An enforcement receiver has been appointed;
• A professional is suspected of facilitating crime;
• A suspicious activity report or money-laundering issue has arisen; or
• Assets are located overseas.

To find a solicitor specialising in Proceeds of Crime, Fraud, Money Laundering or Criminal Law, use the search facility at the top of this page. We recommend contacting a firm with direct experience of confiscation and asset-recovery proceedings.