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Confiscation proceedings

The confiscation regime under the Proceeds of Crime Act ('POCA') is a deliberately draconian one.  Disputes regularly arise as to the level of a convicted defendant's 'benefit' from criminal conduct and their available assets.  The Crown frequently alleges that a defendant has hidden assets or that a third party has received a tainted gift.

Non-compliance with a confiscation order can result in the imposition of a default prison sentence or an attack on assets (including those in the name of a third party).  The history of the law has recently been examined in a number of high-profile judgments (perhaps most significantly R v Waya [2012] UKSC 51).  Any person facing confiscation proceedings will benefit from advice with lawyers with experience in dealing with such cases.  At Brett Wilson LLP we have this experience.

For a confidential discussion about your case contact our approachable and knowledgeable staff by telephoning 020 7183 8950 or by sending us an email.

Benefits of working with our confiscation and forfeiture solicitors

With Brett Wilson LLP working on your behalf, you will benefit from:

  • Leading advice and representation to clients served with a restraint order in contemplation of confiscation proceedings
  • Clear and thorough advice on the confiscation consequences of any allegation
  • Assistance in the preparation of witness statements in compliance with court orders
    Preparation of detailed response documents to rebut allegations of the acquisition of criminal benefit
  • Evidence collation in support of response documents
  • Expert forensic accountants to give evidence in support of your defence case
  • First class advocacy services using specialist quality counsel
  • The defence of confiscation proceedings post-conviction
  • Advice and the preparation of applications to vary confiscation orders
  • Advice and representation on appeals against confiscation orders
  • Advice and representation at confiscation enforcement proceedings
  • Advice to third parties regarding their rights should the state seek to realise jointly held assets

Contact us

To arrange a preliminary consultation or to find out how our solicitors can support you, please send us an emailcomplete our online enquiry form or call us on 020 3811 2560.

Contact us to request a consultation

Call 020 7183 8950
or send us a message.

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