Challenging the seizure of assets and accounts
Prompt lifting of seizures imposed in criminal proceedings on accounts, real estate, corporate rights and stock in trade. We prove that the seizure is disproportionate and that the property has no connection with the subject of the investigation.
Why PROCTOR
The seizure of assets is one of the most painful instruments of pressure on a business. It can block production, the performance of contracts, the payment of wages, settlements with counterparties and the raising of finance.
PROCTOR treats the seizure of property as far more than the filing of a single motion with the court.
We analyse whether the seizure was lawfully imposed and proportionate, how the asset is connected with the subject of the criminal proceedings, the economic consequences for the company and the prospects of challenging the procedural decisions in parallel.
At the same time we form a strategy for restoring the normal running of the business even before the seizure is finally lifted.
How we lift a seizure
The path from establishing the grounds of the seizure to the ruling that lifts it and the unblocking of the accounts.
01
Establishing the grounds
We find out who imposed the seizure, in which proceedings and by which ruling. We obtain a copy of the investigating judge ruling and the list of property it covers.
02
Link between property and case
We check whether the seized property is the object or the instrument of the offence. We collect documents on its origin, on title to it and on its role in current operations.
03
Proving disproportionality
We set out how the seizure halts the work of the business without serving the purpose of the proceedings. We show the value of the property against the loss that is claimed.
04
Motion and appeal
We file a motion to lift the seizure with the investigating judge and, where needed, an appeal against the refusal. We conduct the hearing and answer the position of the prosecutor.
05
Unblocking and control
We send the ruling to banks, registrars and enforcement officers and see that the encumbrances are actually removed. We watch that no fresh seizure follows on the same grounds.
Formats of work on a seizure
The format depends on how many assets are under seizure and in how many sets of proceedings they were frozen.
Lifting a single seizure
Work on one account or one asset: the motion, attendance at the hearing and delivery of the ruling to the bank or the registrar as soon as the seizure has been lifted.
Seizures in one case
We handle every encumbrance in one set of proceedings: accounts, real estate, corporate rights, stock in trade. Motions and appeals until the assets are fully released.
Protection of company assets
Continuous work on the property of the group across several proceedings: monitoring of registers, prompt reaction to new seizures, representation of the owner and recovery of seized items.
