Proceeds of crime & confiscation

In 2007, the Government stated that it intended to increase the amount of money that it recovers from criminals by eight fold over the next five years. Such an ambitious target means that the number of actions for the recovery of assets and confiscation will grow exponentially over the coming years.

Crime affects both individuals and businesses alike, leading to severe financial implications such as monetary loss and damage to reputations, as well as the loss of personal liberty.

Acting in criminal cases for both the Prosecution and Defence, we are experienced in cases covering Theft, False Accounting, Money Laundering, Fraud, Companies Act /Insolvency Act offences, Counterfeiting, Investment scams (Ponzi cases) and Cheating the Public Revenue

How we can help

In criminal defence work, we are highly experienced in preparing detailed cost estimates for cases involving funding through the Legal Services Commission, setting out the need for our work and estimating the likely time for completion. We are also used to providing justification of our costs to the LSC and Court offices prior to getting approval for funding. Similarly in prosecution cases, we can help to secure the key financial evidence and aid in the preparation of detailed financial statements.

Following the successful prosecution and conviction, Confiscation Orders are swiftly sought. The Prosecution may serve a S16 Statement showing a ‘benefit’ figure which is out of all proportion to your client’s conviction. They seek a Confiscation Order. Is this an appropriate use of admittedly draconian legal powers, or could the statement be riddled with errors, double counting and false assumptions?

The clarity of our reports and the evidence given by us has been praised on numerous occasions by the Judiciary, particularly in respect of complex fraud matters.

Our forensic accountants have a significant amount of experience in this field. We will critically examine the Prosecutor’s statement and challenge it where necessary. We understand the Court’s approach to ‘benefit’ and the practical application of the statutory assumptions in ‘criminal lifestyle’ cases. Our members produce coherent and readable reports collating the relevant facts and information based on a thorough and detailed examination of your client’s financial affairs over many years.