Asset Recovery

7BR has a well-established team who draw on their expertise to provide strategic advice to clients facing both civil and criminal asset recovery investigations. Instructed by prosecuting authorities, financial institutions, individuals and businesses alike, members have considerable experience in complex cross-jurisdictional investigations.

7BR’s focus will always be on the legal outcomes for the client, but as law enforcement agencies make increasing use of a wide range of measures at their disposal to tackle illicit finance, members are highly sensitive to the reputational and commercial issues faced by those affected by investigations and prosecutions.

Restraint, confiscation and POCA

Members of chambers, both KCs and juniors, are highly experienced criminal advocates who regularly prosecute and defend in cases involving complicated confiscation proceedings as well as the associated element of the Proceeds of Crime Act (POCA). Members are frequently instructed by national prosecuting authorities and regulatory bodies to pursue confiscation orders in the most complex cases. Cases range from advising institutions and companies in anticipation of and during large-scale investigations by the FCA and SFO, to advising individuals whose assets have been frozen due to international litigation alleging wide-scale corruption.

Our expertise includes the below:

• Advising on POCA and money laundering issues arising out of large-scale investigations.
• Prosecuting and defending confiscation proceedings at all levels, across different jurisdictions.
• Cross-border money laundering investigations.
• Advising in cases involving crypto-assets.
• Defending individuals at all stages of investigations and recovery proceedings to secure a swift and satisfactory resolution.
• Defending individuals and companies against alleged money laundering regulatory breaches attracting civil or criminal penalties.
• Advising on Account Freezing, Forfeiture Orders and related applications.
• Advising on change of law following coming into force of Schedule 12 of the Financial Services Act 2021.

Notable cases

• D & Ors: multi-million Conspiracy to Defraud UK investors based offshore. Assets traced through accounts in multiple offshore jurisdictions during substantial financial investigation.
• R (FCA) v Gopee: a complex POCA restraint and confiscation investigation in connection to an unauthorised money lending business, where hundreds of innocent victims were affected by the criminal conduct.
• R v Cameron & Others: providing guidance on new measures under the Economic Crime (Transparency and Enforcement) Act 2022.

Civil Asset recovery

Members of 7BR have significant experience in substantial asset recovery proceedings. 7BR advocates appear and advise in litigation and arbitration in the UK and offshore.

Members’ expertise includes the below:

• Advising third parties facing investigative orders in civil recovery proceedings including Unexplained Wealth Orders, Disclosure and Productions orders.
• Defending individuals and companies facing alleged money laundering regulatory breaches.
• Advising on Account Freezing, Forfeiture Orders and related applications.
• Advising financial service regulators in offshore jurisdictions on the inter-relationship between criminal and civil recovery orders and offshore trusts.