Kangs Solicitors have successfully assisted a client facing Confiscation proceedings at the Old Bailey under the Proceeds of Crime Act 2002 (‘POCA’).
Frances Murray of Kangs Solicitors explains the proceedings.
The Circumstances | Kangs POCA Team
These proceedings followed a complex, international investigation into drugs supply by the National Crime Agency involving the large scale importation and distribution of Class A and B drugs by an organised crime group from which, the Prosecution alleged, that the group had benefited in the sum of almost nine million pounds.
The case involved the execution of a series of search warrants in London and Essex, the seizure of drugs as well as the decryption of thousands of PGP messages from PGP encrypted devices.
The Prosecution maintained that it was inconceivable, based on this benefit figure, that our client did not have access to ‘hidden assets’.
How We Assisted Our Client | Kangs Confiscation Defence Solicitors
Having examined the substantial documentation upon which the Prosecution relied, and discussed it in great detail with our client, we:
- conducted our own forensic analysis of the very substantial number of PGP messages forming part of the evidence
- considered meticulously the alleged figures
- were involved in expert scrutiny of the alleged quantity and value of the drugs involved
- prepared a series of extensive Statements disproving the assertion of ‘hidden assets’.
The POCA Hearing | Kangs POCA Trial Team
- The matter was listed for a contested Confiscation Hearing.
- If the matter proceeded to Trial and the Court agreed with the Prosecution that there existed ‘hidden assets’, our client would have been facing the risk of up to fourteen years imprisonment in default of payment of a multi million pound figure.
- On the day of the Hearing, the Prosecution conceded that, having examined and considered the detailed documents prepared and submitted on our client’s behalf, no ‘hidden assets’ existed.
- Accordingly, Confiscation Order was agreed in the following terms:
- Benefit received from the activity: £1,149,500
- Available Amount to be paid by our client: £5,625
Our client was, understandably, delighted with the outcome.
How Can We Help? | Kangs POCA and Financial Crime Solicitors
POCA proceedings are extremely complex matters, the defence of which requires patience, attention to detail, considerable analytical skills and a great deal of experience.
Links to some of our recent work can be found below:
- POCA Proceedings Success | Stafford Crown Court | Kangs POCA Solicitors
- POCA Proceedings Withdrawn | Birmingham Crown Court
- Delighted Client | POCA Proceedings Success | Kangs POCA Defence Solicitors
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
If you face 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: