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  • Account Freezing Orders

Account Freezing Orders

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If you or your business is suspected of using finances for criminal activity, law enforcement agencies can apply for an order to freeze the funds. This is known as an Account Freezing Order (AFO), and they can be applied for without notice.

Application can be made to freeze accounts held with a bank, building society, e-money provider, or payment institution where balances exceed £1,000.

If you’re currently being targeted by an AFO, our specialist regulatory and compliance solicitors can give you tailored legal advice to help you prove the funds in question are legitimate and clean. We can also give you advice on if the order has been obtained legally.

Contact us today to discuss your situation with one of our solicitors in a free initial consultation.

Why choose Irwin Mitchell’s Account Freezing Order defence solicitors?

Our lawyers have extensive experience in dealing with matters relating to the proceeds of crime and money laundering.

We understand how disruptive Account Freezing Orders and being unable to access funds can be to your business. Not only do they damage you from a financial perspective, but they can also have a detrimental impact on your reputation and upset other banking relationships.

We’ve particular experience in representing high-net-worth individuals and owners of commercial enterprises.

Our offices are situated across the country, meaning you can easily visit us to discuss your case with your solicitor. If it’s more convenient for you if we come to your work premises, we can also make these arrangements. There’s also the option to communicate through phone or video calls – we work in the way that’s easiest for you.

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Colette Kelly Partner Meet the team

More information on Account Freezing Orders

Agencies that can apply for AFOs include:

  • Serious Fraud Office (SFO)
  • National Crime Agency (NCA)
  • HMRC
  • Regional police forces.

They can apply to freeze accounts that have a balance of more than £1,000 if they suspect the funds are either being used for illegal activity or have been gained through criminal conduct.

If you receive an AFO application, it’s best to seek legal guidance to discuss the situation. If you haven’t received an AFO before, you may be confused and feel like you may not have any options, but this may not be true.

We’ll can apply to the court to lift the AFO or vary the terms of the AFO. Courts can vary or exclude freezing orders, which means you may be able to access certain funds to pay legal costs, keep your business running, or pay for reasonable living expenses. To do this, you’ll likely need to give full disclosure of your financial situation to the court.

PYou can also negotiate a variation of an AFO with the investigating authority to reach an agreement.

Our solicitors can advise you on ways courts can be persuaded to lift AFOs. However, at an early stage it’s often best to focus on preparing a solid defence as AFOs can be applied for with very little evidence to back them up.

Authorities can often target people when applying for AFOs with very little or no evidence to back up the suggestion that their funds are the result of criminal conduct. Because AFOs can be obtained quite easily, we’ll begin by seeing if the enforcement agency carrying out the investigation:

  • Hasn’t met the statutory requirements for an Account Freezing Order to be granted
  • Is acting in breach of any criminal procedure rules
  • Hasn’t disclosed their full knowledge to the court.

If we can prove that the investigating authority hasn’t complied with one or all of the above, the AFO may be lifted.

If we can’t get an AFO lifted at this early stage, we can still question how the investigation is progressing and how thorough the authority is being in their investigation. It can be effective to continue to scrutinise the investigative body’s accountability and investigation when challenging an AFO. It can be a very successful tactic in getting your funds back.

Our regulatory and compliance lawyers can provide a comprehensive service if you’re facing an AFO.

Ways we can help are:

  • Advising on whether the order has been lawfully obtained
  • Gathering evidence to prove the funds in question had a clean and untainted origin
  • Engaging with the relevant financial investigators to persuade them that the funds are clean and that the order is unnecessary
  • Challenging the AFO by making an application to the court to set aside the order or contest an application to extend the order
  • Challenging an application for account forfeiture and where necessary, appeal to the Crown court against forfeiture of funds in the account.

Frequently Asked Questions

How is an Account Freezing Order granted?

An AFO is granted by a magistrates’ court. For an AFO to be granted, the applicant only needs to show reasonable grounds for suspicion that the funds in your account are either intended for illegal activity or were obtained illegally.

Often, the application for an AFO is made without notice.

You don’t need to be the subject of a criminal investigation to be targeted with an AFO application – it’s only the money in the account that’s in question. For an authority to apply for an AFO, they don’t have to suspect or prove that a criminal offence has taken place.

How long does an Account Freezing Order last?

A magistrates’ court can grant an order to freeze the suspected account(s) for up to two years for a full investigation to take place.

However, you can work to protect your assets and legal rights by challenging the AFO and seek variation so you can still access funds. Our solicitors can help you to challenge an AFO or work to get it lifted altogether.

What is an Account Forfeiture Order?

An Account Forfeiture Order (AFrO) can be made at any point while your account is frozen. An AFrO is when the authorities apply to the court for the funds in question to be forfeited.

More evidence will be needed to satisfy the court to make an AFrO compared to an AFO. There’s also no need for a criminal conviction to be obtained against you for the courts to make an AFrO.

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