Amandeep Murria of Kangs Solicitors reports upon a recent favourable outcome for a client facing confiscation proceedings at Warwick Crown Court.
The Relevant Law | Kangs Confiscation Proceedings 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 he had available to discharge that indebtedness, the available amount.
Under the Proceeds of Crime Act 2002:
- 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.
- An obligation has priority if it is an obligation of the defendant:
- to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the confiscation order is made; or
- to pay a sum which would be included among the preferential debts if the defendants bankruptcy had commenced on the date of the confiscation order or his winding up had been ordered on that date.
- “Preferential debts” has the meaning given by Section 386 of the Insolvency Act 1986 (c.45).
The Circumstances | Kangs Specialist POCA Solicitors
Our client was alleged to have conspired, with others, over a number of months, to steal and handle stolen high performance motor vehicles amounting to a sum approaching one million pounds.
An extremely thorough financial examination was undertaken on behalf of our client and areas of confiscation law sought to be relied upon by the Prosecution were vigorously opposed and successfully challenged.
As the result of detailed and successful negotiations with the Prosecution:
- a written basis of plea was agreed, which set out our client’s actual involvement and
- which set the recoverable amount against our client at eighty thousand pounds and
- fixed the available amount at one pound to be paid by our client within fourteen days.
Naturally, our client was delighted with the result which had been achieved as the result of this extremely complex and protracted process.
How Can We Help You? | Kangs Confiscation and POCA Solicitors
At Kangs we have a dedicated team specialising in Confiscation, POCA, Asset Forfeiture and Restraint Order work and we are happy to provide clients and fellow professionals with an initial no obligation consultation.
If you are currently facing proceedings involving Confiscation, POCA, Asset Forfeiture and Restraint Order work, please contact our specialist team through any of the following: