02/06/14

Confiscation Order successfully argued at Bristol Crown Court

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We successfully represented a client at Bristol Crown Court in Confiscation Proceedings which originally commenced in May 2013.

The proceedings related to an organised conspiracy to facilitate the supply of significant amounts of cocaine from the West Midlands to Gloucestershire. The Prosecution asserted that our client was specifically involved in the movement of around £200,000 worth of cocaine. This was the basis of their calculation of the ‘Benefit’ insofar as  the Particular Criminal Conduct was concerned. However, this was only half the story. The Prosecution then applied a number of assumptions to the case and our client was faced with a Benefit figure of approximately £500,000.

Following comprehensive defence responses to two Prosecution s16 statements and discussions in person with the Financial Investigator, we were able to agree the following:

  1. Benefit Figure: £53,500
  2. Confiscation Order payable by the client: £650

Furthermore, it was agreed that all our clients’ property, which was seized by the Police during the investigation, be returned to him and ultimately not form part of Confiscation Proceedings.

The client expressed his gratitude for the work we did on the case and was impressed with our department’s knowledge of Confiscation/POCA legislation and the case law surrounding it.

The case was conducted by Tim Thompson, Solicitor at Kangs Solicitors.

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