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Navigating the POCA Freeze: Legal Techniques for Unblocking Assets

Q: What is a POCA freeze?

A POCA freeze refers to the blocking of an account under the Proceeds of Crime Act 2002. A bank must freeze the account and file a Suspicious Activity Report (SAR) if they suspect funds are related to criminal activity.

Q: Why won't the bank tell me why my account is frozen?

Under POCA, it is a criminal offense known as "tipping off" for a bank to inform a customer that they are the subject of a Suspicious Activity Report (SAR) or a money laundering investigation.

Q: Can the court force the bank to unfreeze my account?

Generally, no. As affirmed in N v Royal Bank of Scotland plc, courts typically will not intervene in the statutory procedures of a POCA investigation, meaning breach of contract claims are rarely successful while an investigation is active.