Smith, Owen and Bodnar on Asset Recovery, Criminal Confiscation, and Civil Recovery

From 1995 Ian Smith was a solicitor advocate in the Business Crime Group at Irwin Mitchell, before being called to the bar in 2003. He is now based at 33 Chancery Lane and specialises in civil fraud litigation, financial advice and financial products liability, asset recovery and anti-money laundering law. Tim Owen QC (called 1983, Silk 2000) based at Matrix Chambers, is a leading name in the field of confiscation, assets recovery, and human rights. He is also an established author, whose numerous publications include; Prison Law, co-authored with Stephen Livingstone (third edition published by OUP March 2003), and the forthcoming Blackstone's Guide to the Serious Organised Crime and Police Act 2005 (OUP). Andrew Bodnar (called 1995) is based at Matrix Chambers and has a specialist practice in civil asset forfeiture and criminal confiscation, including all aspects of restraint orders and enforcement proceedings.

BINDER I ; PART I - POCA REGIMES, INVESTIGATION, MONEY LAUNDERING, AND TERRORIST FINANCING ; PART II - CRIMINAL CONFISCATION AND TERRORIST PROPERTY FORFEITURE ; MATERIALS ; MATERIALS PART I-PRECEDENTS ; (1) PROCEEDS OF CRIME ACT 2002-RESTRAINT ORDER PROHIBITING DISPOSAL OF ASSETS ; (2) PROCEEDS OF CRIME ACT 2002-DRAFT ORDER APPOINTING AN ENFORCEMENT RECEIVER ; (3) PROCEEDS OF CRIME ACT 2002 FORM1-NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND APPEAL BY THE ENFORCEMENT AGENCY ; (4) PROCEEDS OF CRIME ACT 2002 FORM2-NOTICE AND GROUNDS OF OPPOSITION TO AN APPLICATION FOR LEAVE TO APPEAL AND APPEAL BY THE ENFORCEMENT AGENCY ; (5) AN APPLICATION AND WITNESS STATEMENT IN SUPPORT OF AN INCREASE OR DECREASE IN RELATION TO PROCEEDS OF CRIME ACT 2002 S 22 ; (6) AN APPLICATION AND WITNESS STATEMENT IN SUPPORT OF AN INCREASE OR DECREASE IN RELATION TO PROCEEDS OF CRIME ACT 2002 S 23 ; (7) DRAFT MANAGEMENT RECEIVERSHIP ORDER FOR USE IN A CRIMINAL JUSTICE ACT, DRUG TRAFFICKING ACT OR PROCEEDS OF CRIME ACT MATTER ; (8) WITNESS STATEMENT FOR USE IN SUPPORT OF A CRIMINAL JUSTICE ACT, DRUG TRAFFICKING ACT OR PROCEEDS OF CRIME ACT MATTER ; MATERIALS PART II- APPENDICES ; APPENDIX 1 - UNITED KINGDOM STATUTES ; APPENDIX 2 - POCA STATUTORY INSTRUMENTS ; APPENDIX 3 - OTHER STATUTORY INSTRUMENTS ; APPENDIX 4 - RULES OF COURT ; APPENDIX 5 - COURT PRACTICE DIRECTIONS ; APPENDIX 6 - INTERNATIONAL MATERIALS ; INDEX ; BINDER II ; PART III - CIVIL RECOVERY ; PART IV - INSOLVENCY, TAXATION, AND INTERNATIONAL ENFORCEMENT AND ASSISTANCE ; MATERIALS ; MATERIALS PART I-PRECEDENTS ; (1) PROCEEDS OF CRIME ACT 2002 PROPERTY FREEZING ORDER ; (2) PROCEEDS OF CRIME ACT 2002 INTERIM RECEIVERSHIP ORDER ; (3) PRACTICE DIRECTION ON CIVIL RECOVERY PROCEEDINGS ; (4) CRIMINAL PROCEDURE RULES PART 8 CLAIM FORM ; (5) FORMS FROM MAGISTRATES COURTS (DETENTION AND FORFEITURE OF CASH) RULES 2002 SI 2998 ; (6) DRAFT CIVIL RECOVERY ORDER ; MATERIALS PART II- APPENDICES ; APPENDIX 1 - UNITED KINGDOM STATUTES ; APPENDIX 2 - POCA STATUTORY INSTRUMENTS ; APPENDIX 3 - OTHER STATUTORY INSTRUMENTS ; APPENDIX 4 - RULES OF COURT ; APPENDIX 5 - COURT PRACTICE DIRECTIONS ; APPENDIX 6 - INTERNATIONAL MATERIALS