Why the client needed our help
Our client was a wholesaler and distributor in the confectionery sector, relying on regular cash flow to meet supply and distribution demand.
In early 2024, Thames Valley Police (TVP) applied for an Account Freezing Order (AFO) under Section 303Z1 of the Proceeds of Crime Act 2002 (POCA). TVP alleged that there were reasonable grounds to suspect the company’s funds were either “recoverable property” obtained through unlawful conduct or “intended for use in unlawful conduct”—specifically, trade-based money laundering. As such, TVP were seeking the AFO for the purposes of undertaking an investigation into the derivation of the funds held in the company’s bank accounts.
The Court at a first hearing initially granted the Account Freezing Order for a six-month period, effectively freezing the client’s operational funds and threatening to paralyze their trading ability.
Faced with serious allegations and an urgent need to unlock essential capital, the client turned to us for strategic legal support—first to resist the Account Freezing Order and then to challenge it post-grant with the goal of securing a lifting of the AFO and a resulting release of funds.
How we helped
Although the initial Account Freezing Order application was granted at the first hearing, we acted swiftly to support the client in challenging the order. We began by meeting with the client to understand the full scope of their operations and agreed that a direct approach to Thames Valley Police was the most effective next step. We prepared a comprehensive letter including evidence of the company’s trading to Thames Valley Police appealing the Account Freezing Order, setting out the legitimacy of the client’s business and responding directly to the concerns raised in the application.
We analysed the company’s financial records in detail, cross-referencing transactions with corresponding stock movements and supporting documentation. This allowed us to create a clear and comprehensive table mapping credit and debit transactions by date and reference, directly addressing the allegations raised by Thames Valley Police. Our letter highlighted the transparency and commercial basis of the business’s operations and rebutted any suggestion of illegitimacy.
The Outcome
Following our representations and the detailed evidence we submitted, Thames Valley Police confirmed they would not be pursuing the Account Freezing Order further. Thames Valley Police acknowledged our client’s cooperation and the legitimacy of the business operations and confirmed they would be applying to the Court to set aside the freezing order and release the funds.
This outcome not only secured the return of the client’s operational capital but also helped safeguard their trading continuity and reputation. Our timely intervention and clear presentation of evidence ensured a swift resolution, without the need for protracted litigation.
