Restrained Assets

May 18, 2017

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Restrained Assets

If your property or assets have been subject to a restraining order as a result of its or your alleged connection with a crime there are a few things you can do if you act fast.

The basics

The Confiscation Act 1997 allows the State to:

  • Confiscate proceeds of crime
  • Confiscate property purchased with the proceeds of crime
  • Confiscate property used in the commission of crime.

You do not need to have been convicted of a crime to have your property restrained by the State.  Civil confiscation allows authorities to also restrain assets on the basis of reasonable suspicion of serious crime-related activity.

A convicted person may also be ordered to pay a monetary penalty to the State up to the value of any benefit received as a result of committing the offence in question. Proceeds of criminal activity can be anything of value, including:

  • Land
  • Cars
  • Bank Accounts
  • Shares
  • Jewellery.

Restrained assets are forfeited to the State. If you are an innocent third party who has an interest in restrained assets, your interest in the property will still be at risk of forfeiture even though you are not being accused of committing the crime.

What can you do?

Whether you are the accused or an innocent third party, if your property is restrained, the Confiscation Act provides ways for you to protect your interest from being forfeited to the State.

A quick response is vital. The first step to obtain specialised advice about your legal rights immediately as many of the exclusionary processes under the Confiscation Act are time limited.

A solicitor with expertise in Confiscation Law can ascertain if you are able to challenge the restraining order and exclude your interest from it or exclude your property from forfeiture.

He or she may be able to apply to the Court to have your Restrained Assets returned to you by proving it was ‘lawfully acquired’ and untainted by criminal activity.

At Paul Horvath Solicitors we can advise you on all matters pertaining to Confiscation Law, including:

  • The effect of restraining orders
  • The types of forfeiture available under the various statutory regimes
  • Exclusion applications
  • Forfeiture applications
  • Pecuniary penalty orders
  • Confiscation litigation costs.
  • Restrained Assets

Time is of the essence. Call us immediately to discuss your unique circumstances so we can find the right legal solution for you.