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.

How To Deal With Confiscation Proceedings

Providing expert accountancy reports in Proceeds of Crime confiscations has represented a substantial proportion of the crime and fraud focused work that I have been doing for quite some time now. When I started my specialist forensic accountancy business almost … Read more…

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…