POCA Proceedings | Kangs Solicitors Confiscation Specialists
Kangs Solicitors are defending a client facing Confiscation Proceedings following his conviction for fraud and from which the Prosecution allege that he gained a financial benefit.
Nazaqat Maqsoom of Kangs Solicitors outlines the position.
The Circumstances | Kangs Criminal Defence Solicitors
Our client was an employee of a company on behalf of which he made various representations.
He has always maintained:
- he was simply an employee,
- he had no interest in the company and that
- the money involved was received by the company.
Our client denies that he is liable for the amount sought by the Crown or the alleged benefit that he is alleged to have received.
The Alleged Benefit | Kangs POCA Solicitors
The Prosecution allege that our client has benefitted from proceeds of crime in a substantial amount and that he has available assets amounting to double the alleged benefit figure in order to satisfy the claim.
Legal Arguments Hearing | Kangs POCA Trial Solicitors
At a recent Hearing before Birmingham Crown Court, complex legal arguments were advanced on our client’s behalf concerning:
- whether or not the case should be classed as a ‘lifestyle offence’ (as it does not fall within the statutory definition of ‘Criminal Lifestyle’)
- whether or not our client had benefitted from the criminal conduct as the monies had been paid into a company account over which our client had no control.
- whether or not the ‘corporate veil’ was operative in this instance.
The Judge has reserved his Judgement which we now await
How We May Help You | Kangs National Financial Crime Solicitors
At Kangs Solicitors we have a dedicated team specialising in all aspects of financial proceedings including POCA, Asset Forfeiture and Restraint Order work and we are happy to provide clients and fellow professionals with an initial no obligation consultation.
We are, as a matter of course, instructed by clients requiring assistance throughout the whole of the country from our London, Birmingham and Manchester offices.
If you need any assistance in regard to confiscation, please do not hesitate to contact our team through any one of the following: