Proceeds of Crime (POCA)
Top-Rated POCA & Confiscation Defence Direct Access Barrister KC [QC]
Top-Rated POCA & Confiscation Specialist Defence Barrister & Author, Adrian Eissa KC [formally QC] is acknowledged as a leader in this field.
The Proceeds of Crime Act 2002 (POCA) is a complicated piece of legislation which has been described by the most senior judges in the land as both “poorly drafted” and “draconian”.
Little wonder therefore that it is frequently misunderstood by practitioners and continues to give rise to a large number of appeals. It is therefore vital to instruct a genuine expert, preferably at the earliest stage of proceedings.
Specialist Proceeds of Crime Act & Confiscation Defence Barrister | Adrian Eissa KC
Proceedings under POCA can result in life-long and life changing consequences, some of which are now listed below as they apply to criminal confiscation:
- Up to 14 years imprisonment in addition to any sentence imposed for the offence which gave rise to the POCA proceedings
- A lifelong debt on which interest accrues
- The confiscation of legitimately acquired assets including the matrimonial home
- An assumption that all the assets and expenditure of a defendant in the six years prior to charge are the proceeds of crime
- Under s22, POCA applications made many years after the original order can increase the “available amount” that the defendant has to satisfy
- The risk to third parties such as spouses and business partners in so far as they may unjustly lose assets in which they have a beneficial interest
Best-In-Class Expert Confiscation & POCA Proceeds of Crime Act Defence Barrister | Adrian Eissa Direct Access KC
Whilst applications for civil recovery, unexplained wealth orders, cash seizures and account forfeiture orders do not result in a loss of liberty, they can result in the loss of very substantial sums of money and highly valuable assets.
Given the legal complexities and high stakes involved, individuals and corporates affected by confiscation proceedings increasingly look to instruct a truly expert specialist KC who has a proven track record and a comprehensive understanding of the legal principles which apply.
Adrian is therefore regularly instructed to represent and advise in connection with:
- Confiscation orders in the Crown Court and Court of Appeal
- Restraint Orders
- Civil recovery and Unexplained Wealth Orders in the High Court
- Cash seizures and account freezing orders in the Magistrates Court
- Account Forfeiture orders
Leading Author on Confiscation & POCA Proceeds of Crime Act | Adrian Eissa Direct Access Defence KC
Adrian is widely regarded as one of the county’s best experts in this area, and is a published author of the following (as contributor or main author):
Civil Recovery in “The Proceeds of Crime” by Millington and Sutherland Williams 5th & 6th Ed (2018), Oxford University Press
Tainted Gifts in Case Commentary for Criminal Law Week (2019)
“Confiscation: A Practitioners Handbook” (2011), Bloomsbury Professional
He is one of the leading experts in this area and has encyclopaedic knowledge of POCA.
Chambers Legal Directory
A frequent choice of junior for the more difficult criminal cases and mixes complex fraud and POCA cases with general crime.
Chambers UK
Adrian is calm, methodical and totally unflappable under pressure. A charming advocate whom juries like.
Legal 500 2022, Fraud Crime
Contact Top-Rated Direct Access Criminal Defence Barrister | Adrian Eissa KC
If you or a loved one would like an initial conversation about your case with one of the UK’s top-rated and most experienced and successful direct access criminal defence barristers, speak to my clerk, Daniel.
APPOINTMENTS:
- Recorder of Crown Court 2012
- Queen’s Counsel 2018
PUBLICATIONS:
- The Proceeds of Crime
Millington & Sutherland Williams 5th Ed, 2018. Oxford University Press, Civil Recovery Chapters - Criminal Law Week 2019
Case commentary - Fraud: A Practitioners Handbook
Bloomsbury Professional 2014 - Confiscation: A Practitioners Handbook
Bloomsbury Professional 2011
PROFESSIONAL MEMBERSHIPS:
- Criminal Bar Association
- Proceeds of Crime Lawyers Association
- Standing Conference of Mediation Advocates
- Member of the Fraud Lawyers Association