The Value of Forensic Accounting in Protecting Prisoners’ Assets: How Prisoners Can Benefit from Forensic Accountants Under POCA Legislation

By Lennie Harris C.A.

In criminal investigations and asset recovery, one law stands out: the Proceeds of Crime Act 2002 (POCA). This legislation empowers UK authorities to freeze bank accounts merely on suspicion of criminal activity—without requiring definitive evidence. For those with limited resources, the impact of an Account Freezing Order (AFO) or Account Forfeiture Order can be devastating. However, forensic accountants play a vital role in protecting individuals' rights in these situations.

How Account Freezing Orders Work

Authorities suspecting illegal activity, like money laundering, can apply to courts for an AFO, halting all transactions in the account. This can severely affect businesses relying on cash flow or individuals with savings under investigation. Under POCA, only suspicion is needed for such an order, shifting the burden to the individual to prove their funds are legitimate. This is where forensic accountants become essential.

The Role of Forensic Accountants

We investigate the financial history of accounts to determine if funds were lawfully obtained. In freezing order cases, we analyze transactions and provide detailed reports supporting asset recovery.

In one case I handled, a woman’s £295,000 account was frozen due to alleged drug-related activity via her son. She claimed the money, intended for a house purchase, was legally deposited. By analysing transactions, we reconstructed the fund flow, identified discrepancies, and submitted a report showing the money wasn’t linked to crime.

Forensic Accounting & Prisoners with Limited Resources

Prisoners, often lacking access to financial records or legal aid, can find these orders overwhelming. Forensic accountants help by reviewing their situation and guiding them through managing property, pensions, investments, and legal rights. We also assist with Power of Attorney to manage affairs from prison.

Cost and Service Structure

Legal and forensic fees can be daunting. We offer a fixed initial fee of £750 plus VAT for case review, after which we provide a set price for further steps, ensuring transparency and helping prisoners make informed choices.

Why Forensic Accountants Are Essential

Forensic accountants are often unsung heroes in financial justice. For prisoners, we offer critical support to regain control of their finances. Beyond numbers, we advocate for fairness, accuracy, and rights protection. For those facing asset seizures, our work can be key to a brighter, more secure future.