Restraint, Freezing and Preservation Orders: Drafting, Application and Enforcement

Course overview

Most recovery cases are decided in their first weeks. If assets are not secured quickly and correctly, there will be nothing left to forfeit by the time the case is heard. This restraint and preservation orders course teaches lawyers and investigators how to obtain orders that hold assets in place and how to enforce them in practice.

Participants study the legal requirements for restraint, freezing and preservation orders in criminal and civil proceedings, including urgency, without-notice applications, the duty of full and frank disclosure and the scope of orders. They then draft applications, affidavits and orders for a range of assets: bank accounts, mobile money wallets, land, vehicles, shares and business interests. The second half covers service on banks, registries and third parties, practical enforcement, variations for living and legal expenses, extensions, discharge applications and breaches of orders. Templates and checklists are refined during the week for use at work.

Participants leave able to secure assets quickly with well-drafted orders and to defend and enforce them effectively.

What you will be able to do

• Explain the legal tests for restraint, freezing and preservation orders
• Decide when to proceed without notice and meet the duty of full disclosure
• Draft applications, affidavits and orders for different asset types
• Serve and enforce orders on banks, registries and third parties
• Handle variation, extension and discharge applications
• Respond to breaches of orders

Who should attend

For prosecutors, state counsel and investigators who prepare or apply for restraint, freezing and preservation orders.

• Prosecutors and state counsel
• Legal officers in asset recovery agencies
• Financial investigators
• Court registry officers
• Anti-corruption agency lawyers
• Revenue authority legal officers

Course outline

Fees are per participant in US dollars and cover tuition, course materials and your certificate. Travel and accommodation are not included.