14/07/14

Confiscation: Nominal order achieved

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The Defendant was convicted for theft and false accounting during the period he was sub post master on behalf of the Post Office Ltd.  The Defendant accepted that he stole in excess of £175,000.  Consequently,  Confiscation Proceedings were commenced.  The Defendant had a portfolio of properties, held directorship of multiple companies and had a number of bank accounts.  To complicate matters further the Defendant was made subject of two Restraint Orders and a Bankruptcy Order.  All companies were in the process of liquidation and the majority of the properties were being repossessed by the lender.

The Defendant had a vast number of outstanding liabilities to a number of creditors.  We were tasked with liaising with each creditor to obtain the total debt, each lender to ascertain the position with the properties, and an accounting exercise to assess whether the Defendant had any money to settle a Confiscation Order.  The Prosecution initially maintained the Defendant had realisable assets totalling £319,011.69.  After a lengthy reconciliation exercise it was proven the Defendant did not have any realisable assets and the Prosecution agreed a £1.00 nominal order. The case was conducted by Fran Murray of Kangs Solicitors.

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