Fraud • money laundering • POCA

Financial crime defence where the documents and the detail matter.

Fraud and proceeds-of-crime cases can combine criminal allegations, financial records, restraint, account freezing and reputational risk. The defence must understand both the evidence and the financial consequences from the outset.

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Fraud investigations

Financial investigations often begin long before charge. They may involve interviews under caution, banking records, company material, devices, communications, transaction analysis and parallel applications affecting assets. Early legal advice can help define what the allegation actually is and prevent a broad investigation from being treated as proof of criminal intent.

We advise on fraud allegations, dishonesty offences, money laundering, conspiracy, business-related investigations and associated proceeds-of-crime issues. The precise strategy depends on the transaction history, the client’s role, the state of disclosure and what the prosecution says can be inferred from the documents.

Money laundering and proceeds of crime

Money laundering allegations frequently depend on what a person knew or suspected about property and the circumstances in which funds were received, moved or retained. POCA proceedings can also continue after conviction and may involve disputed benefit figures, available assets, third-party interests and enforcement issues.

The criminal case and the asset case must be considered together.

A position taken on ownership, control, source of funds or transactions can affect more than one part of the proceedings. Consistency and documentary support are critical.

Account freezing and restraint

Financial investigations may involve account freezing orders, restraint orders or other measures restricting access to money or property. These applications can create immediate commercial and personal pressure. We assess the order, the evidence said to justify it, the procedural route and how the financial restrictions interact with the wider investigation.

How we approach document-heavy cases

ChronologyBuild the transaction and communication timeline before drawing conclusions.

Source documentsWork from statements, contracts, invoices, messages and underlying records.

Role analysisSeparate the client’s actual role from assumptions based on association or access.

Financial consequencesConsider restraint, confiscation and third-party issues alongside the criminal case.

Pre-charge strategy in financial investigations

Where the investigation is ongoing, targeted representations may be appropriate if material has been misunderstood, a transaction has a legitimate explanation, relevant records have not been considered or the proposed inference is not supported by the evidence. The objective is not to overwhelm the investigator with documents, but to identify the evidence that genuinely changes the analysis.

We can also advise on police interviews, bail, document preservation and engagement with investigators while the case remains under review.

Frequently asked questions

Can you act before a fraud charge is brought?

Yes. We advise during investigations, including interview preparation, evidence analysis, bail and pre-charge representations.

Can a fraud case also involve POCA proceedings?

Yes. Proceeds-of-crime issues can arise during an investigation and after conviction. The legal route depends on the circumstances and the order sought.

What should I do if an account has been frozen?

Obtain the order and legal advice promptly. The deadlines, evidence and available applications depend on the type of order and procedural stage.

FINANCIAL INVESTIGATION STRATEGY

Follow the transaction, the communication and the decision-maker

Fraud and financial-crime cases can become document-heavy very quickly. The defence should separate what the records actually prove from the inferences the prosecution asks the court to draw about knowledge, dishonesty, participation and benefit.

Banking and transaction records

Account statements, payment instructions, ledgers and transaction chains need to be placed in commercial and chronological context. A payment passing through an account does not by itself establish who made the relevant decision or with what state of mind.

Corporate records

Company documents, role descriptions, delegated authority, contracts, invoices and internal communications can help identify who was responsible for the transaction and whether a defendant's role has been overstated.

Digital communications

Email, messaging apps and phone data can support or undermine the alleged agreement or knowledge. Search methodology, date ranges, participants and missing context should be considered rather than relying on isolated excerpts.

POCA risk

A conviction can lead to confiscation proceedings distinct from the criminal trial. Benefit, criminal-lifestyle assumptions, available amount, jointly held assets and third-party interests should be considered early where financial exposure may become substantial.

Useful documents for an initial fraud review

the allegation, search warrant or interview disclosure;
key contracts, invoices and corporate documents;
bank statements or transaction schedules relevant to the allegation;
messages or emails that explain authority, knowledge or purpose;
a concise description of the client's role and who else held decision-making responsibility; and
any restraint, account-freezing or confiscation order already made.

POCA & confiscation Pre-charge representations Crown Court

SPECIFIC FINANCIAL PROBLEMS

Go straight to the issue you are facing

Financial investigations often split into distinct procedural problems. These pages address the immediate order, evidence or allegation rather than treating everything as generic fraud.

Frozen accountAccount Freezing Orders Criminal investigationMoney Laundering Defence Assets restrainedPOCA Restraint Orders Cash detainedCash Seizure & Forfeiture

Fraud & POCA

Get control of the evidence and the financial exposure.

We can assess the investigation, documents, orders and next procedural step.

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Frequently asked questions

Fraud and financial crime FAQs

What evidence is commonly used in fraud investigations?

Financial records, banking material, emails, messages, company documents, device downloads, accounting evidence, witness accounts and transaction patterns are commonly central. The defence may need to reconstruct the commercial context rather than considering individual transactions in isolation.

Can my bank account be frozen before I am convicted?

Potentially. Account Freezing Orders and restraint orders can operate before conviction and, in some circumstances, without criminal charges having been brought. The legal test and procedure differ depending on the order being sought.

What is the difference between fraud and money laundering?

Fraud offences concern dishonest conduct used to obtain a gain or cause a loss, while money-laundering offences under the Proceeds of Crime Act concern criminal property and dealing with, possessing, transferring or facilitating arrangements involving it. The same investigation can involve both.

Should I provide documents voluntarily to investigators?

Not without understanding the legal basis of the request, any compulsory power being used, privilege and the potential evidential consequences. Cooperation can be appropriate, but disclosure should be considered strategically and lawfully.

Can POCA proceedings continue after sentence?

Yes. Confiscation proceedings are separate from the criminal sentence and can continue after conviction. Benefit, available amount, third-party interests and enforcement can require substantial financial evidence and separate legal preparation.