Kangs Solicitors has successfully defended a client against an attempt by the Crown Prosecution Service under section 22 of the Proceeds of Crime Act 2002 (‘POCA’) to confiscate further assets despite the conclusion of the original Confiscation Proceedings against him.
Frances Murray of Kangs Solicitors outlines the circumstances.
The Circumstances | Kangs POCA Defence Solicitors
Section 22 of POCA enables the Prosecution to re-open confiscation proceedings where:
- a Confiscation Order has been made but there were insufficient assets to satisfy it
- suitable additional realisable assets are alleged to have become available to discharge the outstanding debt
- the Court considers it just to vary the amount payable under the original Confiscation Order.
- Our client realised a property towards settling his Confiscation Order, resulting in an outstanding amount due of fifteen thousand pounds.
- The Prosecution made an application under section 22 to recover the balance, alleging further assets were available for realisation.
How We Assisted Our Client | Kangs National POCA Defence Team
- We attended our client discussing at length the steps he had already taken to discharge his indebtedness in order to fulfil his obligations under his Confiscation Order.
- Additionally, we considered with him his financial position, the prospects of realising any other assets and the implications upon him of trying to do so.
- A comprehensive response to the Prosecution’s application was prepared setting out in detail the reasons why it was wholly disproportionate and unjust for the application to be allowed to proceed and that the application amounted to an abuse of process and represented both a waste of the court’s time and a drain on the public purse.
- Having considered the representations made by Kangs Solicitors, the Prosecution accepted that it would be inappropriate to proceed and abandoned the
- Our client was ecstatic and, understandably, very relieved at the outcome.
The client commented on Frances Murray as follows:
“Many thanks for representing me through my case with all the best advice I truly appreciate.”
How Can We Help? | Kangs POCA Defence 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.
Who Can I Contact For Help? | Kangs Financial Crime Defence Solicitors
If you are involved in confiscation proceedings of any nature we are available to assist and advise you.
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: