Asset Forfeiture

Welcome from Mark Sutherland Williams, Head of the Asset Forfeiture Group

The importance of asset forfeiture, asset tracing and asset recovery; commercial fraud; anti-money laundering legislation and proceeds of crime law, continues to grow. It affects not only those involved in unlawful conduct, but also their family members, commercial businesses, banks and City institutions; and others caught up in circumstances sometimes beyond their own control.

We believe that 3PB is well placed to offer a first class service in this area. We differ from many purely criminal sets by having within Chambers experts in family law, receiver's powers, civil procedure, employment, company and insolvency law, to name but a few. All of these areas continue to have direct application to the civil fraud and proceeds of crime related legislation that we now come into contact with on a daily basis.

In early 2010 we were delighted to announce our association with an office in the Caribbean, in recognition of the international services that we are able to offer.

We hope that you find these web pages about our friendly and popular Group useful. Please do get in touch with one of our dedicated practice group clerks, either David Phillips or Craig Brown (020 7583 8055), if we can be of any further help.

Mark Sutherland Williams

About the Asset Forfeiture Group

In recent years 3PB has developed an enviable reputation for expert advice and assistance in asset forfeiture related matters. Members of our group have been instructed in a number of the main cases in the field, including the House of Lords cases of Capewell (receiver's fees); Islam (value of drugs); and Briggs-Price (ECHR in confiscation). Other cases in which our team have been involved include Sivaraman (the effect of May, Jennings); Lexi Holdings (third party creditors); Wright (Financial Reporting Orders); and Telli (certificates of inadequacy). Nearly all of the leading panel receivers and government agencies instruct us, together with well known specialist defence firms.

Members of the AFG include Michael Parroy QC, Michael Vere-Hodge QC and Nigel Lickley QC; two standing counsel to the RCPO: David Bartlett, Tim Bradbury and Robin Leach; 8 Attorney-General’s list counsel; 4 Serious Fraud Office Counsel; and the co-author of ‘The Proceeds of Crime’ (3rd edn. OUP), Mark Sutherland Williams.

Our work covers not only the mainstream, but also the more esoteric, such as contempt; bootlegging; cash seizures; and freezing orders. The Commercial Fraud work that we do also encompasses anti-money laundering advice and the 2007 Money Laundering Regulations, together with asset tracing, Missing Trader appeals before the Tax Tribunal, and drafting and obtaining orders for injunctive relief.

Focus on ... Paul O’Doherty

Paul has been the deputy head of the Asset Forfeiture Group at 3PB for the last 5 years. He has worked closely with the AFG head and senior clerks to develop the team to become one of the foremost asset recovery and financial fraud groups in the UK.

Prior to coming to the Bar, Paul read law at Magdalene College, Cambridge and spent five years as an investment banking analyst, working in corporate finance and private equity. Paul has extensive experience in dealing with and advising on complicated corporate structures and complex financial products for high net worth individuals and financial institutions. He has a particular interest in the receivership and administration aspects of asset recovery and tracing, together with insolvency law, with an emphasis on advising on corporate insolvencies and reconstructions.

Paul has also been instructed to advise in relation to a number of complex frauds, with particular emphasis on evaluating and analysing financial evidence.

His practice covers:

• advising on the scope and extent of restraint and receivership proceedings.
• advising in relation to rights of third parties, including piercing the corporate veil.
• variation and discharge of restraint and receivership orders.
• contempt proceedings.
• related company law, fraud and insolvency issues.

Paul was jointly instructed by the Director of the Assets Recovery Agency to draft the first High Court interim receiving order made under the Proceeds of Crime Act 2002.

In 2009 Paul was appointed a member of the Law Society Working Group on money laundering. The working group is looking at proposals for the re-drafting of the Money Laundering provisions in the Proceeds of Crime Act 2002.