Our expert guidance can be instrumental in navigating the legal and procedural complexities of AFOs and in accessing and recovering your funds and protecting your financial interests.
We have decades of experience in successfully challenging AFOs throughout the UK.
Contact our lawyers by calling us on 03308 186660 or complete our enquiry form and one of our team will call you back.
Account Freezing Orders (AFOs) have become a prevalent tool used by investigating authorities to temporarily freeze funds. Applications for AFO’s typically follow the making of a Suspicious Activity Report (SAR) by a financial institution, such as a bank or building society, in relation to perceived unusual account activity.
An AFO can be issued if there are “reasonable grounds” to suspect that the funds in question are either proceeds of crime or intended for use in criminal activities, as defined in the Proceeds of Crime Act 2002. Significantly, there does not need to be an ongoing criminal investigation, and the account holder does not need to be under any suspicion.
An AFO can remain in place for up to two years. Usually, the initial AFO application will request that the account is frozen for a period of six months; however, applications can be made at any stage thereafter to forfeit funds permanently. As such, it is important to obtain legal advice as soon as possible.
The imposition of an AFO can significantly disrupt personal and business finances, often giving rise to bankruptcy, liquidity and solvency concerns.
It is possible for account holders to gain access to funds held in frozen accounts for personal, business and/or legal expenses. It is also possible for affected persons, including businesses, shareholders and executives to gain access to funds held in frozen accounts.
AFOs are often issued ‘ex parte’, which means that they are granted without prior notice to the account holder. In those circumstances, the applicant authority has a duty of candour to the Court and is obliged to provide full and frank disclosure, which includes providing the Court with information that might serve to undermine their application.
It is possible to mount a technical challenge to an AFO based exclusively on procedural grounds; however, challenges are more commonly based on the asserted absence of “reasonable grounds” (see above), which invariably involves providing evidence of the legitimate provenance.
The Proceeds of Crime Act 2002 prescribes various time limits in relation to AFOs, including periods for objecting, applying to set aside and appealing. As such, it is crucial to obtain expert legal intervention as soon as possible after you first become aware of an issue with your account(s).
In certain circumstances, it might be possible to use funds held in a frozen account to meet the legal fees associated with challenging an AFO. This is typically the case if the account holder has no other assets with which to pay legal fees.
Contact our lawyers by calling us on 03308 186660 or complete our enquiry form and one of our team will call you back.
It is important to contact us as soon as possible, so we can help advise on key steps to take, before key time limits expire.
Contact our lawyers by calling us on 07523 272226 or complete our enquiry form and one of our team will call you back.
Solicitor & Director
James O'Hara, a Director at iLaw, regularly helps clients appeal AFOs and acts in complex business crime matters. He defends clients in applications brought by the SFO, FCA, NCA, and Insolvency Service, amongst others. His practice includes the entire breadth of financial crime, including fraud, money laundering, and insider dealing. He has significant experience in confiscation, enforcement receivership applications, and both civil and criminal HMRC investigations. He also acts in regulatory matters for corporates and individuals subject to civil matters, including account freezing and forfeiture applications and disclosure orders. His work is often of a cross-border, multi-jurisdictional nature.
James has successfully appealed a range of AFOs, helping clients access funds and move forward with their life or business activities.
His approach to legal practice is driven by a commitment to provide clear, expert advice, ensuring clients are well-informed and comfortable throughout high-stakes proceedings. James has a vast understanding of financial crime law and excels at applying this knowledge in real-world cases. His experience includes handling significant cases, including those covered in mainstream media and legal journals, showcasing his expertise in this area.
Solicitor
Paul O’Donnell specialises in commercial disputes, business crime, proceeds of crime and civil recovery. Paul is regularly instructed in high value, multi-jurisdictional civil recovery applications and is experienced in defending applications made by HMRC, FCA, SFO and NCA as well as applications made by specialist Police economic crime units and other agencies.
Paul has a proven track record of success in proceeds of crime and civil recovery applications, including challenging account freezing and forfeiture applications/orders, gaining access to frozen funds and securing compensation for persons who have suffered losses connected to an account freezing order. Paul is one of a select group of Solicitors in the UK recognised by Chambers and Partners as a subject matter expert in proceeds of crime and civil recovery.
Paul aims to introduce a commercial edge to business crime, proceeds of crime and civil recovery matters, leveraging his experience in commercial disputes. Paul is especially aware of how important it is to protect and maintain access to personal and business finances and assets impacted by civil recovery applications.
Our Business Crime & Civil Recovery team is ready to assist. James O’Hara and Paul O’Donnell are recognised by Chambers and Partners as part of an elite group of expert litigators in ‘PoCA Work and Asset Forfeiture’. James and Paul offer specialised legal assistance in these matters.
If you would like to speak to our team about your circumstances, please fill in your details and we will get back to you.
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