Quentin Hunt discharges Account Freezing Order

The Medicines and Healthcare products Regulatory Agency (MHRA) had applied to the Magistrates Court for an Account Freezing Order over substantial funds held within the bank account of a limited Company. The MHRA claimed that the monies within the account represented the proceeds of crime in that they represented the proceeds of the sale of counterfeit pharmaceuticals. The Magistrates Court under an initial ex parte application had granted an order to run for 6 months under s303Z1 of the Proceeds of Crime Act 2002.

The Account Freezing Order caused the Company and an Interested Party in the funds significant problems due to the fact that the funds within the account represented the turnover of the business, lack of access to these funds were therefore crippling the business. Solicitors and other counsel were initially instructed to discharge/set aside the Account Freezing Order; their application was unsuccessful.

Seeking alternative representation, MK the Interested Party, turned to Direct Access Barrister Quentin Hunt for advice and assistance. Quentin took the case over from those previously instructed and immediately identified serious flaws in the process in which the order had been gained and in the interpretation of the statutory tests by the Court. Quentin therefore lodged a further application to set aside the Account Freezing Order under s303Z4 of the Proceeds of Crime Act 2002. In support of this Quentin gained evidence from a number of witnesses via a number of witness statements and other supporting evidence. This was supported by a powerful skeleton argument from Quentin outlining the relevant law and submitting how the order must be discharged.

Upon consideration of the skeleton argument the MHRA capitulated and indicated that they did not oppose Quentin’s discharge application. The matter was put before the Court as a consent order for discharge of an Account Freezing Order and the order was formally discharged by the Court. Upon receipt of the discharge order, sealed by the Court, Quentin petitioned the bank for the immediate release of the funds and in a short period the company received full and unfettered access to the previously frozen monies.

Quentin Hunt is a Criminal Barrister who specialises in Financial Crime, Pharmaceutical Fraud and Account Freezing Order matters. If you have encountered a problem with your bank account being frozen by the MHRA, the National Crime Agency or any other Prosecution agency you should immediately seek specialist legal advice. Quentin accepts instructions from solicitors or directly from members of the public directly. His calm and assured manner, legal expertise and impressive track record ensure a high level of client satisfaction. If you would like to discuss an Account Freezing Order case or any financial crime matter you may contact Quentin for a free no obligation conversation about your case.