Discharge of an Account Freezing Order
Evan Wright was instructed by Mr. A, managing director and founder of a trading company. HMRC suspected that Mr. A had laundered money through his company during the lockdown period. There were also suspicions of Bounce Back Loan Fraud and incorrect claims for Furlough payments.
Consequentially, HMRC successfully applied for an Account Freezing Order (AFO) at the Magistrates Court, completely prohibiting any use of the business account. The AFO had the potential to cause a great deal of commercial damage.
Preparation revolved around identifying the legitimate source of the various cash payments and providing evidence of a legitimate purpose. Documentary evidence was crucial in establishing that the funds did not represent the proceeds of crime and were not intended for a criminal purpose. Approximately one month after the AFO was obtained, HMRC agreed to discharge the order and the business was re-established. No criminal charges arose.
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