Asset Recovery Unit – Civil-Based Asset Recovery

Civil Attachment Orders

The FCC has the authority to apply for a Civil Attachment Order through an ex parte application to a Judge when a property is reasonably believed to be recoverable proceeds, an instrumentality, or terrorist property. Such an order can be obtained by demonstrating that the property falls under these categories, without the requirement to prove its direct or indirect connection to a specific offense or any related charges against individuals. Similar to a Criminal Attachment Order, this allows the FCC to seize and secure the property and directs the FCC to manage it as instructed by the court during the investigation and court proceedings.

Civil Confiscation Orders

When the Financial Crimes Commission identifies property suspected to be related to proceeds, instrumentalities, or terrorism, it may apply to the Court for a Civil Confiscation Order to recover such property. Any person with an interest in such property has the right to be notified and to participate in the court proceedings. They can oppose the order, apply to exclude their interest in the property, or request variations to the order, and present evidence at the hearing of the application. This process ensures fairness and transparency in combating financial crime.