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Confiscation Proceedings

The Crown routinely commences confiscation proceedings following conviction in a qualifying (financial) crime. The intention is to strip criminals of their proceeds of crimes. Very often the confiscation is too harsh. It is another layer of punishement.

Many commentators call the Proceeds of Crime Act 2002 “Draconian”. In confiscation proceedings the Crown can make broad assumtions of criminal lifestyle that can often be hard to defend. The assumptions must be 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. This is 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. We 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.