Have you gone on holiday with some cash in your suitcase for spending? Did you know about the £10,000 rule regarding taking money abroad?
Our client didn’t and had tens of thousands of pounds seized when he was heading to Canada to visit his family on an extended vacation. Unable to miss his flight to attend a cash seizure hearing the following day, the court granted an order in his absence for them to seize his money for 6 months.
On his return, he contacted Nicholls & Nicholls as specialists working in cash seizures and confiscations. What happened next? Borderforce officials sent a long list of questions and documents they wanted answering about the funds and its origin.
We knew this was a clear phishing expedition when our client could demonstrate complete legitimacy from a sale of a property and an arranged withdrawal from the bank. So rather than supply everything they asked for, we applied the law and provided accurate representations with specific documentary evidence. The money was returned before the 6 months expired as a result. Why is this so important? Why not give them everything they asked for?
This is because, as experienced lawyers in this area, we know these additional documents can be used by the relevant organisations to justify further detention and even an interview, so they can investigate anything and everything that is provided.
What advice do we give at Nicholls & Nicholls? Well, we asked Erin Edgar who worked on this particular case with Lucinda Nicholls. She says:
‘I’ve worked on several of these recently. It seems we get the best and quickest results when the client hasn’t sent any paperwork to the investigating body. This is because they don’t understand the legal principles of cash seizure and confiscation in the Proceeds of Crime Act and how a suspicion can be enough to justify continued detention. If it’s left to us to resolve, we know what’s needed. It’s really rewarding when we get the money back and with interest!’