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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9118
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My friend was arrested 5 months ago on allegation of money

Customer Question

My friend was arrested 5 months ago on allegation of money laundering, he was found with a reasonably large amount in cash aswell as 2 items of jewellery which were 'forfeited' his bank account has also been frozen/seized. He believes this action has been unfair and disproportionate, as he has never been arrested before, was not found in possession of anything illegal and the actions taken against him, especially in regard to the bank account, have had a detrimental effect on his life. So far he has not made any formal complaint to anyone.
So my question is who can he complain to ;police, court, bank ) and how can he complain, about what he feels to be unfair and unwarranted seizure of his assets. would a written complaint to any of these agencies benefit his case which has currently been extended to a longer period of investigation.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
My question is if a person feels they have been punished unfairly by the justice system and are being punished unnecessarily and excessively with little to no evidence for any crime alleged, what course of action can they take in complaining.
Who exactly in these circumstances should they complain to and how would they go about it, can they do so without the help of the help of a solicitor, would it be possible for the situation to be resolved any faster if a complaint was made and from what I have described would he have just cause for complaint
Expert:  Alice H replied 1 year ago.
Has there been a cash detention or forfeiture application in the Magistrates Court?
Customer: replied 1 year ago.
I am not sure which but the day after arrest he appeared in the court with one of the officers from SOCA, at this hearing (or whatever it was) his cash/jewellery were detained for a maximum of 6 months.
The bank account was out of use since arrest but for weeks and weeks he was told by the bank that it was a 'processing error' until he finally received a hand delivered statement from the police telling him it had been frozen by permission of a judge
Customer: replied 1 year ago.
What I do know is what he was told was that what was happening in this court was a civil matter, he was also told by the officer from SOCA that it would not be a necessity for him to be there, although he did go. He was not at this time relieving any aid from a solicitor he asked if he could be provided with legal aid but was told that legal aid would not be given free of charge to him because this was a civil matter not a criminal one
Expert:  Alice H replied 1 year ago.
Can your friend prove that the money and jewellery is from legitimate sources? For example, that the money came from his work or savings?
Customer: replied 1 year ago.
He is registered as self employed, the majority of the cash came from gambling. He is a large staking compulsive gambler which was evident to police from his bank statements. In debits alone in a period of around 2 months there was over £30'000 worth of transactions both into and out of his account to bookmakers, although majority of his gambling winnings were paid in cash in his wallet he gave his solicitor recent gambling receipts which totalled in excess of £40'000 majority of which were not debited to his account but paid in cash. He has said he can provide also written statements from the betting shop managers as to his gambling habits, he works for himself as a self employed pastry chef who caters specially for parties ect and can provide receipts/invoices for payments received. The cash in all was about £10'000, the jewellery does not actually belong to him although it was being left with him for safekeeping by a relative
Customer: replied 1 year ago.
On the initial search he was found with £1700 in cash in his wallet it was a later search of his address where police found the jewellery and £8000 of cash, this cash had been saved by him over time in order to buy a new car as his partner had just given birth to a new baby and his current car had been having numerous problems