If you are under investigation for fraud offences you may find yourself subject to a Restraint Order. These orders can restrict access to your personal and business bank accounts, electronic and paper ledgers, your computers, vehicles and other property. This can be devastating for you as a business owner and can often prevent you from trading and making a living. This can also affect your employees and all of your trading relationships. These measures are often the first step in a criminal investigation and can be obtained without notice being given.
Why use Emmersons Restraint Order Solicitors?
At Emmersons Solicitors, our Fraud and Regulatory Solicitors understand that you need assistance on an urgent basis if this happens to you. We can become involved on your behalf to retrieve information and assets which are essential if you are to continue trading whilst you and/or your business are under investigation.
Emmersons Solicitors believe that urgency and accuracy are key when responding to Restraint Orders. This can be difficult if records have also been seized. We can apply for information and will make urgent applications to help you and/or your company to respond to Disclosure Orders. Our aim is to limit or, if necessary, to challenge the legality of Restraint Orders and to apply for their early discharge; thus enabling you and/or your company to continue trading.
These are the some of the orders that you may face;
Restraint Orders: this prohibits any dealings with specified assets. A Restraint Order may typically prevent you from withdrawing money from specified bank accounts or selling property until the conclusion of your case. It may mean the confiscation of your Ecommerce website or the confiscation of your work vans or cars used by your sales team, in respect of hauliers it could mean the confiscation of your fleet of lorries. The aim of the order is to preserve a defendant’s property so that any later Confiscation Order made by a court can be satisfied.
Emmersons Solicitors, Restraint Order Solicitors, can assist you or third parties affected by a Restraint Order. We can apply for it’s removal, variation or discharge or ask for your living expenses to be paid while the police investigate or prosecute a case.
Disclosure Orders: compel you or your company to disclose all of your assets.Disclosure Orders must be used in accordance with a Code of Practice. Failure to comply is a contempt of court. It is the task of Emmersons Fraud and Regulatory Solicitors to challenge the prosecution if they have not followed the Code of Practice
Receivership Orders: this is when the court appoints a receiver to administer your estate during Proceeds Of Crime Act proceedings with substantial cost implications for you or your company.
Production Orders: are normally used to compel access to bank accounts.
The Police and HMRC also have wide-ranging investigatory powers to apply for search warrants to enter and seize property likely to be of substantial value to an investigation or to obtain material specified in a production order.
For more information ask to speak to our Fraud and Regulatory Solicitors:
Restraint Order Solicitors - Newcastle: 0191 284 6989
Restraint Order Solicitors - Sunderland: 0191 567 6667