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Civil Cash Forfeiture

The law regarding Civil Cash Forfeiture is governed by the Proceeds of Crime Act 2002. At any given time, the firm will have approximately 50 ongoing cases, many of which proceed to trial in the magistrates court, and many proceed further to an appeal in the Crown Court 

Tank Jowett Solicitors have substantial experience and success regarding the return of money seized by the police. 

Such cases are made more difficult by the fact that the Courts apply the civil standard of proof to such cases, where cases are decided on the balance of probabilities. So many of our clients find that although they may have been arrested for possession of criminal property (money laundering) but the criminal case is not proceeded with, the police still apply to forfeit the cash found, as it is easier to prove on the balance of probabilities that the cash seized has either come from crime or was intended to be used for crime. 

Costs are always an issue in such cases. Legal Aid is generally not available to fund such cases, and our clients are forced to fund their cases privately. Tank Jowett Solicitors always take great care to minimise the costs to the client in fighting such proceedings. 

Many of our cases are resolved with the police, where detailed representations are made to the police to return the money, which results in a saving of time and resources to our clients. 

Read our Case Histories above for examples of the success we have had in securing the return of our clients’ money. 

M had £110,000 in her house, and tenant accused of drug dealing and money laundering. After we successfully secured his acquittal after a criminal trial in Isleworth Crown Court, the Police refused to return M’s money, and made an application for forfeiture in the Magistrates Court. Detailed work went into the history of the cash over many years. M was ultimately successful and secured the return of her cash in May 2019.
I was stopped driving his vehicle with £13,000 in cash found inside the car. I insisted on the legitimacy of his money. Detailed representations were made to the officer in the case, and the funds were returned within 8 days.
W was stopped driving a vehicle in Central London, and in the vehicle the police found £13,000. Representations and evidence was presented to the officer in the case, and the money was returned shortly after the first hearing.
After £9000 was found in his car, the police searched Z’s house, and found a further £37,000 in cash. Detailed representations were made to the police backed up with evidence of Z’s legitimate business dealings. The money was returned by a payment into Z’s bank account after 9 weeks.
After a flawed prosecution against her brother, following £77,000 found in her house, we made detailed representations to the police to return the money showing evidence to support its legitimacy. T received her money back in full.
My brother and I were represented by the duty solicitor. All I can remember is complete disinterest and not being able to get hold of him. By the time I was recommended to Simon Jowett, I was desperate - my brother was in prison wrongly accused of money laundering, and the police had detained £77,000 of legitimate cash. From taking over the money laundering prosecution, it took Simon 3 weeks to get it dropped and secure my brother's release. After that, it took another 4 weeks of detailed representations to the police both by email and telephone call, and my money arrived in my bank account.
Ms T - 2020
Simon Jowett represented my tenant who was acquitted of criminal charges, but then the police would not return my money. After the police refused to return my money, Simon instructed Edward Henry QC to contest the application for forfeiture in the magistrates court. We won and I was delighted to receive my money back.
Mrs M - 2019

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