Confiscation Orders

The business crime and regulation team has a vast amount of experience in dealing with Confiscation and Restraint Order cases.  We were one of the first firms in the North West to display specialism in this area and we were the first firm in the country to have a dedicated money laundering unit.  This area of law is highly specialised and we in our experience find that most lawyers, when they get to this point in a case, lose interest in their client because they do not have the technical ability, patience or the acumen to sift through detailed financial records in order to advance their clients position.

Individuals who are facing confiscation proceedings should be aware that, on occasions the sentence they face for failing to satisfy a Confiscation Order will exceed the sentence for the substantive criminal offence itself!  This is because sentences are handed out by the Crown Court on the basis of the perceived available amount the Defendant has at his disposal.  If that figure is not realised and the Confiscation Order is enforced a prison sentence will follow.  In order to take control of a potential Confiscation Order arising, instructions need to be taken at a very early stage when considering the prosecution case.  Strategies ought to be implemented that will effectively give the Defendant control of that element in his case.

We do have access to accountancy experts and forensic accountants in this area who are able to plough through the figures, check all elements of the prosecutors statement made under Section 16 of the Proceeds of Crime Act, and then report back to us on the final figures. 

Even after a Confiscation Order has been made and the assets have been sold, we can still assist by giving valuable and involved advice and making an application for inadequacy should we need to.  This is a very real and practical consideration as in our experience, we have noticed that in the majority of POCA cases that we have been instructed on, that the prosecution have consistently over valued assets by 10% or 20%.  In some cases we have seen over valuations of more than 100%.  These difficulties can be overcome with a sensible and methodical approach. 

For further information on all Business Crime and Regulation services please contact our Isaac Mirza or Peter Grogan on 0845 2419107 or via our online enquiry form below.