Kangs Solicitors recently acted for a client in connection with a multi -million pound publishing fraud prosecuted by Trading Standards.
Frances Murray of Kangs Solicitors outlines the Confiscation Proceedings under The Proceeds of Crime Act 2002 (‘POCA’) that followed the trial.
Determining Our Client’s Liability | Kangs POCA Advisory Solicitors
It was necessary to determine the extent to which our client had benefited from the criminal activity, the recoverable amount, and the funds that she had available to discharge that indebtedness, the available amount.
- For the purposes of deciding the recoverable amount, the available amount is the aggregate of:
- the total of the values (at the time of a confiscation order) of all the free property then held by the defendant minus the total amount payable in pursuance of obligations which then have priority; and
- the total of the values (at that time) of all tainted gifts.
How We Negotiated On Behalf Of Our Client | Kangs POCA Team
- Detailed discussions were conducted with our client in order to establish the basis of her case
- A substantial volume of documents were scrutinised following extensive disclosure by the Prosecution
- Written statements to support our client’s position were meticulously prepared
- A substantial amount of defence material was collated and presented
- Discussions were pursued with the Prosecution for approximately twelve months.
The Successful Result | Kangs POCA Negotiating Team
- The recoverable amount, which had been set by the Prosecution at £2,220,684.07 was reduced to £356,553.35 and
- the available amount was reduced from £356,553.61 to £114,493.90.
- Period for payment is fixed at three months.
Our client was extremely grateful for the hard work undertaken on her behalf and the extremely favourable result achieved and she commented:
‘I am so grateful to Kangs Solicitors for helping me in my hour of need. From the first meeting to the last hearing in the case it shone through that the whole defence team were not only extremely skilful but caring and compassionate. I owe a huge debt of gratitude to Fran Murray for all the hard work she put into my case and for the way she guided me through each step of the proceedings. Thank you’.
How Can We Help? | Kangs Solicitors Serious Crime Team
POCA proceedings are extremely complex matters, the defence of which requires patience, attention to detail, considerable analytical skills and a great deal of experience.
Who Can I Contact For Help? | Kangs Specialist Criminal Solicitors
If you are involved in confiscation proceedings, we are here to assist you, manage your contact with the prosecuting authorities and advise you on any confiscation proceedings or other financial issues for which you may face.
Our team of Solicitors has a proven track record of assisting many individuals achieve the best possible result with all manner of financial investigations and can be contacted through any one of the following: