Asset Freezing Orders

Have you or your business received an Asset Freezing Order (AFO)?

Asset Freezing Orders (AFO) are obtained on the basis that reasonable grounds exist to suspect that assets are either the proceeds of crime or are to be used to facilitate criminal activities. AFOs remove the right to access funds or assets unless variation or removal applications are made to the court.

It is vital to contact us immediately after receiving an AFO. MSB Solicitors provides immediate advice and representation with 24-hour, seven-day service to our clients as well as initial free discussions.

Are you the subject of a criminal investigation?

AFOs are commonly obtained by authorities as part of criminal investigations to preserve assets which may subsequently become the subject of applications for forfeiture. Such assets can be the subject matter of a criminal prosecution in cases such as fraud, theft and money laundering. You may not be aware you or your business is the subject of a criminal investigation until you receive an AFO.

MSB National Crime Team will investigate the circumstances and evidence relating to the Asset Freezing Order.

 It is vital we promptly investigate and discover the exact circumstances in which the AFO has been obtained to protect your rights and interests in the event of a criminal investigation. MSB will represent you in relation to any criminal investigation, including interviews held under caution.

MSB Representation in Criminal Court Proceedings in the Magistrates Court and Crown Court.

If you are the subject of a criminal prosecution, MSB will represent you in respect of any court proceedings before the Magistrates Court and Crown Court. AFOs are obtained on the basis that reasonable grounds exist to suspect that assets are either the proceeds of crime or are to be used to facilitate criminal activities and this may well result in your prosecution for criminal offences.

How has an Asset Freezing Order been obtained?

AFOs are frequently obtained without the subject of the order knowing about court proceedings. The order will have been obtained without prior notice, with the court provided with full disclosure of the circumstances in which such an order is obtained. There is, however, the right to challenge these orders, with time limits applying.

Asset Freezing Orders will have serious consequences as to your personal and business financial affairs.

The effect of such orders can be severe. While orders initially last six months, they can be renewed for up to two years. Applications are routinely made for the forfeiture of frozen assets, meaning they are forever lost. These forfeiture proceedings do not require a criminal prosecution. This means it is important you are represented to ensure your interests and assets are properly protected.

Asset Freezing Orders can be challenged by the MSB National Crime team.

MSB investigate the exact circumstances of any underlying investigation and any evidence surrounding the ownership of the asset. The onus of proof in challenging an AFO rests with you, meaning it remains important that you are properly advised by experts at MSB as to how these orders are challenged and how evidence is obtained.

MSB successfully challenge Asset Freezing Orders.

The MSB National Crime Team has considerable success in challenging AFOs. Due to strict time limits applying to the challenge of these orders, it is imperative you instruct us at the earliest opportunity to obtain the best possible outcome.

Orders can be varied to allow for access to frozen assets for personal, business or legal expenses dependant on the circumstances which apply. Applications can also be made for the complete removal of the AFO where the order is obtained in circumstances which are not reasonable, for example, if you can prove legitimate ownership of the asset or the circumstances in which funds have been obtained.

Upon receipt of an AFO, time is of the essence to obtain representation. MSB National Crime Team are recognised by The Legal 500 and Chambers and Partners, with our all-service practice providing representation to clients across the country. Contact us immediately to receive our expert advice.

MSB National Crime Team provide a free initial discussion. Call us on 0331 630 1144 or email enquiries@msbsolicitors.co.uk .