Askews Legal LLP Secures Favourable Outcome in POCA Proceedings
As we celebrate the official launch of our dedicated Proceeds of Crime Act (POCA) Department, we are delighted to share a recent success story demonstrating our team’s expertise in this complex area.
Ryan Downes, our lead POCA specialist, represented MT in confiscation proceedings brought before Warwick Crown Court. The prosecution initially sought a significant confiscation order, claiming MT had benefitted from criminal conduct to the sum of £143,710.69. This amount included both specific benefits from proven criminal activity (£106,360.00) and general assumptions based on the Proceeds of Crime Act 2002 (£37,350.69).
Furthermore, the prosecution argued that MT had available assets of £32,158.01, primarily based on alleged “tainted gift” payments made to third parties.
Our POCA team took a meticulous approach to defending MT’s case. After carefully reviewing the prosecution’s initial disclosure and gathering detailed instructions from MT, we prepared a comprehensive section 17 statement. This document meticulously addressed the evidence provided by MT, rebutting the prosecution’s arguments with relevant case law and proportionality considerations.
In particular, we challenged the prosecution’s assessment of “tainted gifts.” We argued that these payments, upon closer inspection, represented legitimate inter-account transfers and loans to friends and family, with documented repayments made via bank transfers that the prosecution had overlooked.
Following our detailed submissions and MT’s cooperation in providing further evidence, the prosecution conceded ground. They first reduced the benefit figure to £131,827.45 and the available amount to £12,558.81. We continued to work with MT, providing further evidence to address the remaining “tainted gift” allegations. This resulted in a further reduction of the available amount to £9,954.81.
Due to the significant reductions secured through our robust defence, MT was able to agree to a Confiscation Order on significantly improved terms. The final order reflected a reduced benefit figure of £124,037.78 and a further reduced available amount of £9,954.81.
Expert POCA Representation
This case exemplifies the value of experienced POCA representation. Askews Legal LLP’s dedicated team is committed to achieving the best possible outcomes for clients facing confiscation proceedings.
To find out more about our new POCA Department, please call our office today on 02476 231000 or email enquiries@askewslegal.co
Please note that this article is for information purposes only and does not constitute legal advice.
