The comprehensive management of cases handled by the firm necessarily involves a thorough understanding of the various tools and remedies available against criminal seizures and confiscations, whether these are ordered as protective measures during the pre-trial investigation stage or as a penalty following a conviction.
The solicitors at SLA are well-versed in this field and develop a strategic approach to counter measures that are increasingly being used by the prosecution authorities to substantiate incriminating theories against suspects whose presumption of innocence is being undermined.
Illustrations:
- Challenge before the investigating chamber of an attachment order with a view to possible asset forfeiture (a sanction provided for under Article 706-153 of the Code of Criminal Procedure), given the exceptional nature that such protective attachment measures must have where they relate to assets unrelated to the offence, in view of their extremely intrusive nature with regard to individual freedoms.
- Challenge to a seizure order targeting the bank accounts of a company from which the former manager may have embezzled funds.
- Representation of an individual, several of whose assets had been subject to criminal seizure in France as part of a pre-trial investigation initiated abroad, in the enforcement proceedings before the Criminal Court concerning the final confiscation order issued abroad.
- Defence of an individual in a case involving organised fraud, misappropriation of company assets and bankruptcy, in which several criminal seizures were carried out.
- Assistance to an individual implicated in a case of organised VAT fraud, money laundering arising from organised fraud and tax fraud, in which precautionary seizures were ordered. Challenge to the order for handover to AGRASC on the grounds of disposal.