Siobhain was instructed by clients who had a substantial amount of money (£800,000) in an account transferred from abroad. Their bank obviously made a SAR (Suspicious Activity Report) and HMRC began an investigation. The monies were simultaneously transferred out of our client's account.
HMRC wanted to interview our client under caution the next day. We explained that because the onus/burden of proof transfers to our client (as money laundering dictates), we would have to make extensive enquiries abroad in order to be able to prove the paper trail of the monies and the legitimate origin of those monies; this would take some time. HMRC agreed to postpone the interview for a further 7 days.
Both the client and Siobhain worked hard to analyse and collate all of the necessary documentation, much of which was in sworn affidavit form from another jurisdiction and another language.
Siobhain attended the interview with her client, who co-operated in full with HMRC. All of the documents were explained in detail, HMRC then stated that the monies were due to be restrained the following week in the local Crown Court. Siobhain firmly impressed upon HMRC that if they had read the documents provided, there should be no need to institute restraint proceeedings, which would put the client to even more expense and cause additional delay.
HMRC responded the following morning and said that after having analysed the information provided, they would return the monies forthwith and close their investigation.
Assertive and efficient defence work and preparation is the key to dealing with HMRC money laundering and cash seizure investigations.
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