Proceeds of crime
“They are assiduous in protecting their clients from media exposure and have a discreet approach that not all firms mirror.”
THE LEGAL 500 2021
Where a person is convicted or pleads guilty to an acquisitive crime, such as fraud, theft, bribery or drug dealing, confiscation is the process by which that person is required to pay the proceeds or benefit of their crime to the state.
The law is designed to extract the maximum sum possible from a convicted person, including sums that they have already given as gifts to others, or gains through market forces. Confiscation proceedings can be as complex and lengthy as the original trial and sometimes require accounting as well as legal expertise. The law that governs the calculation of the confiscation order is subject to frequent change through statutory amendments or case law. Our lawyers are specialists in this area.
If you face confiscation proceedings, our lawyers will consider confiscation prior to conviction and advise on steps that can be taken to prepare for the confiscation process. We have a track record of negotiating confiscation orders, saving costs and ultimately securing an achievable and fair order for the client. Where negotiation is not possible, we robustly and effectively challenge the prosecution’s case on confiscation.
Our lawyers also advise other interested parties whose assets are affected by confiscation proceedings.
Our confiscation lawyers have recently advised on the following matters:
- A halving of the amount of a confiscation order sought by the prosecution. Corker Binning had to satisfy the judge that the defendant was not concealing his true wealth and that his share of the fraud was far less than asserted.
- Acting for a client who was served with a statement from the CPS asking the Court to make a confiscation order in the sum of £34 million. They claimed the amount he should pay consisted of assets hidden overseas and assets held in the UK. Following our investigation, we were able to demonstrate to the Court’s satisfaction that he did not hold assets overseas or within the UK. As a consequence, a nominal order was made.
- Negotiating a confiscation order with the CPS following an investigation into bribery and persuading them that they should accept a sum which was a fraction of the sum originally requested.