Cagin Husnu of Kangs Solicitors represented a Defendant before Leeds Crown Court who had been convicted of Conspiracy to Supply Class A Drugs faced Confiscation Proceedings under the Proceeds of Crime Act 2002 (POCA).
The Alleged Benefit | Kangs Confiscation Solicitors
The Prosecution alleged that our client had benefited, from his criminal lifestyle (as defined in Schedule II POCA) to the value of approximately £40,000.
The Defence | Kangs Criminal Defence Solicitors
Following the submission of a s.18 Statement of Truth on our client’s behalf, setting out his assets and liabilities, the Prosecution accepted that there were no available assets.
However, the Prosecution maintained that he had benefitted in the sum of £40,000 and therefore requested a Court Order declaring that amount of benefit but only requiring him to pay an immediate nominal figure of £1.
Whilst immediately appearing attractive, such a settlement would have an ongoing liability for our client as the Prosecution would still have the power to recoup the full £40,000 from the Defendant at any time in the future should his financial position improve.
Accordingly, we strenuously argued on our client’s behalf that as he was merely a courier in the illegal activity, and never benefitted financially from the drugs, it would be wrong to attribute any value to him.
The Result | Kangs Criminal Negotiating Team
Following negotiations, the Prosecution conceded that our client was merely a courier and accepted that his liability was £150.00, being his financial gain for couriering the drugs.
A Confiscation Order was made against our client in respect of his criminal activity in the sum of £150.00 and he was ordered to pay £1 to satisfy the same.
Some of Our Recent Confiscation Cases | Kangs Solicitors
Kangs Solicitors have a wealth of knowledge and experience in defending Confiscation Proceedings with our team having advised and represented clients in some of the biggest Confiscation Proceeding actions in the country.
A sample of recent cases:
How We Can Help | Kangs Confiscation Solicitors
If you require any advice, assistance or representation on any aspect of Confiscation Proceedings or the Proceeds of Crime Act 2002, then please contact our team through any of the following: