How can we help?
Our solicitors have an excellent track record for getting the benefit figure reduced. We keep up to date with any changes on the law to ensure we have every opportunity to argue that the prosecution have their figures wrong. We believe that recent case law (R V Waya) assists us in trying to achieve proportionality in these proceedings.
It is often the case that a defendant does not have any assets and so initially is not concerned about POCA. We still fight the benefit figure even in those circumstances to protect any future assets. Often defendants are unaware of the fact that confiscation order lasts a lifetime and if the defendant were to get any assets in the future then the prosecution can apply to the court to take any future assets into account. This means that you are never safe until you have paid the entire benefit figure. This is why it is important to challenge every aspect of the prosecution’s assertions so that if you have a windfall in the future it can be protected.
Another issue that is often a surprise to a defendant is the issue of ‘hidden assets’. If the benefit of crime figure is far higher than the available assets then it is for the defendant to account for the shortfall. It is open for the court to say that any difference is as a result of the defendant hiding the proceeds of crime. If the court takes the view that a defendant has siphoned off money elsewhere in order to hide it then the court can make a confiscation order reflecting that regarding of the fact a defendant has no assets on the face of it. In order to prevent this happening it is extremely important for a pro-active approach to the confiscation. At Stephensons we always ensure that every transaction as far as possibly is accounted for to reduce the risk of having a ‘hidden assets’ finding against you.
Expert legal advice
We believe that for anyone facing such proceedings it is important that the legal team has the requisite experience to ensure that our clients’ liberty is protected. This may include detailed knowledge of issues such as trust funds, pensions, overseas assets and third party interests. Our team at Stephensons has expertise in all areas pertaining to financial asset recovery and rest assured that we will fight to protect those assets that should not come within these orders.
We have the skills to deal with all manner of cases ranging from very low value to very high value. In respect of high value cases it is paramount that your Solicitor has the requisite commercial knowledge in order to protect you as far as possible.
Our experienced team of fraud lawyers has the expertise and knowledge to look at the required level of detail to defend you. Contact our expert fraud solicitors on 0203 816 1098 or complete our online enquiry form.