Under section 303Z1 Proceeds of Crime Act 2002 an enforcement officer can (only) apply for an Account Freezing Order (AFO) where they have reasonable evidence that the money in the account to be frozen is ‘recoverable property’ (meaning the result of unlawful activity) or is intended to be used in unlawful activity (i.e. it will become ‘recoverable property’). In all cases the bank or financial institution tells you little if anything about the grounds of their suspicion but eventually you will be presented with a copy of the application for an AFO (usually after the AFO was granted without notice) to see the basis for the enforcement officer’s suspicions. A typical example is where there has been a number of large payments into your account which are unusual for your account history or even your evident lifestyle. It is important to engage with the AFO application form to provide an evidence based rebuttal of the grounds of suspicion. You can only do this by setting out a detailed history of the source and nature of payments in and out of the account and showing that all such purposes were lawful. It is our experience that if we can make a robust case supported with evidence that the funds are legitimate the enforcement officer will themselves apply to the Magistrates’ Court to discharge the AFO so you get access to your money without delay.

If you require advice or assistance on an AFO do please call Winston Brown on 0208858 5996 or 07894219314 or at winston.brown@brownandcosolicitors.co.uk