City of London asset recovery pilot 'step in the right direction', expert says

The pilot follows recent recommendations by the House of Commons Home Affairs Committee, and echoes proposals set out by Pinsent Masons, the law firm behind Out-Law.com, in submissions to that committee, according to civil fraud and asset recovery expert Alan Sheeley of the firm.

"The relevant authorities do not currently have the budget or resources to properly address the recovery of stolen assets," he said.

"Civil fraud solicitors have the expertise and resources to increase recovery rates by working in tandem with the relevant authorities to ensure the enforcement of confiscation orders. Obtaining worldwide freezing orders protects stolen assets from dissipation, and disclosure orders assist in identifying further avenues of enquiry to recover funds - both of which significantly improve a victim's chances of recovering misappropriated monies," he said.

To protect public funds and guard against the disproportionate use of police budgets on lawyers' fees, Sheeley suggested that firms should be chosen to work with City of London Police through competitive tendering, and the use of 'no win, no fee'-style agreements. For example, law firms' compensation could be calculated as a percentage of the funds that they recover from fraudsters, he said.

"Competitive tendering will ensure the solicitors acting have to work hard and efficiently for the fees they are charging, creating less of an impact on the public purse," he said.

Under the pilot programme, officers at City of London Police will pass details of suspected fraudsters and cases to law firms which will then pursue them for the money in the civil courts, according to the Guardian. Civil proceedings, including freezing and disclosure orders, could begin without the need for a criminal charge or conviction. The money would have to be repaid with interest if the suspect successfully appealed, or was cleared in a later criminal case.

If unsuccessful the City of London Police, which handles many of the fraud cases in England and Wales, would then have the option to pursue a separate criminal investigation. The scheme has the backing of the government and will be overseen by a 'working group' made up of police officers and representatives from the National Crime Agency (NCA), the Guardian reported.

The Home Affairs Committee recommended greater involvement of the private sector in the recovery process as part of its inquiry into the effectiveness of the proceeds of crime legislation, which concluded last month. The inquiry was prompted by reports that around half of those issued with confiscation orders over the preceding three years had failed to pay, with an estimated £1.61 billion remaining outstanding as of September 2015.