Confiscation proceedings

Confiscation proceedings are routinely brought following conviction, and although the intention was to strip criminals of their proceeds of crimes committed, they very often present another layer of punishment in addition to the sentence received following conviction for the predicate crime.

The Proceeds of Crime Act 2002 has been termed “Draconian” as a result of the sometimes unfair position assumed by the authorities attempting to recover assets from criminals. Assumptions of criminal lifestyle can often be hard to defend, unless they are thoroughly unpicked and replaced by reasoned argument. Common sense very often prevails, when a forensic accountant’s report is able to exclude errors such as double (or even triple) counting the same revenue and presents legitimate income clearly – often when business or personal records are sparse or even non-existent.

Mark Jenner & Co Limited specialises in preparing robust POCA reports that challenge the Crown’s Section 16 Statements of Information in a sensible way and ensure that any remaining benefit does no more than reflect actual criminal gains (if any) and that available assets are not inflated by the inclusion of spurious hidden assets.

R – v – May

The judgements made by the House of Lords in 2008 in the three cases of R – v – May, R – v – Jennings and R – v – Green are considered to be landmarks for the process of … Read more…

Confiscation Proceedings

These days confiscation cases seem to outnumber the predicate fraud cases that Mark Jenner & Co assists with.  They are self funding for the authorities who will not be cutting back on this area – even if they are forced … Read more…

Confiscation Overview

In the UK, the interpretation of the Proceeds of Crime Act 2002 when using asset confiscation as a weapon in the criminal regulators’ arsenal of sanctions will continue to develop and solidify over time.  However, in recent years it seems … Read more…