Steps To Take If You Have Been Served With A Disclosure Order | Kangs Solicitors
Kangs Solicitors are regularly instructed to advise in respect of Freezing Injunctions and Disclosure Orders obtained at the High Court of Justice.
What Is A Disclosure Order (DO)? | Kangs Civil Fraud Investigations Team
A DO requires a party to whom it is addressed to disclose in a formal document the nature, extent and location of all realisable property in that person’s name, or of any interest in any property of any description, whether it be located in the UK or abroad.
A DO may be issued against any third party, who holds, or is suspected of holding, property of any nature belonging to the relevant party.
What Do I Have To Consider? | Kangs Disclosure Order Solicitors
Upon being served with a DO there are a number of issues to be considered including:
- Self-Incrimination
Disclosure in a manner that is not professionally conducted and conveyed could result in an unintended and indirect admission to having committed a money laundering offence by possessing or converting criminal property.
- Failing to properly comply with the DO
Section 359 Proceeds Of Crime Act 2002 states:
A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a) Imprisonment for a term not exceeding six months,
(b) A fine not exceeding level 5 on the standard scale, or
(c) Both.
(3) A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he—
(a) Makes a statement which he knows to be false or misleading in a material particular, or
(b) Recklessly makes a statement which is false or misleading in a material particular.
(4)A person guilty of an offence under subsection (3) is liable—
(a) On summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
(b) On conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Accordingly, imprisonment may be a consequence of failing to comply with a DO.
A fine line may exist between the right not to self-incriminate (i.e. not providing information) and complying with the DO.
How Can We Help You? | Kangs Civil Fraud Solicitors
Any person served with a DO must act immediately and seek legal advice as failure to abide by its terms could have severe consequences, including potential imprisonment.
Our team of experts will be able to assist by:
- Ensuring compliance with the DO.
- Preparing all documentation required to ensure compliance
- Advising upon the right against self-incrimination
- Advising and assisting in relation to the overall investigation and any further proceedings that may ensue.
Who Can I Contact For Help? | Kangs Civil Recovery Solicitors
Our Team of solicitors is here to assist and advise you every step of the way and may be contacted through the following:
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396
Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210
