.The Cohen Cramer Proceeds of Crime Act team have been instructed on two of the biggest ever legal highs cases which have a combined benefit figure of £23m reduced to 13m. The cases had a dedicated team working hard to reduce the benefit figures and to try and salvage some of the client’s assets.
How we can help you.
Challenging the benefit figures is as important as working on the available amount and the only way to avoid any ancillary applications by the Crown is to make sure the order made is affordable and correct in law in the first place.
Our detailed analysis of the figures often allows us to challenge the amount which the prosecution seeks to confiscate.
Instructions to us range from the early stages where the orders have not yet been made, through to instructions on reducing orders and enforcement hearings at the Magistrates and more recently to defending applications to appoint receivers.
We are actively selling properties for several of our clients to allow for payment of their confiscation orders. Each of these has had successful Section 11 applications and 3 of them will require Section 23 applications and we successfully argued for clients not to have their extra prison terms imposed.
In addition, we are also instructed on appeals against confiscation orders. In fact, we are instructed on all areas and aspects of confiscation proceedings across England and Wales.
For the help and assistance you need get in touch with us today:
- Call: 0113 244 7811
- Email: firstname.lastname@example.org
- Request a call back by entering your details into the form at the bottom of this page
For the Quality Legal Service that You Deserve
- A recent Section 22 case we have successfully challenged resulted in a Judge finding that a vehicle registered to the Defendant was actually held on a life trust for his mother, as it was purchased for her benefit, and therefore not an available asset to him. (click here for more)
- Proceeds of Crime Act 2002 – assessing the benefit by considering the VAT collection system, the interpretation of POCA and determining legitimate cash from trade and criminal money. (click here for more)
We are very aggressive in our approach to all POCA cases and work hard to ensure every conceivable argument is within the client’s written statements, which have to be prepared and sent to the Prosecution and the Court. We have never agreed to an order that we believe is not the best possible result for our client. Here are just a few of our recent successes.
R v O
Crown’s Benefit Figure: £33,159
Available amount: £165,000
We were successful in having the case dropped against this client as we were able to show that there was no particular criminal conduct and therefore there could be no benefit at all.
R v R
Crown’s Benefit figure: £579k
Final agreed benefit figure £400k
R v E
Crown’s Benefit figure: £516,713
Crown’s Available: £172,500 (including tainted gifts)
Final agreed benefit figure: £276,819.40
Available £100,151.66 (no tainted gift)
R v T
Crown’s benefit: £1.1m
Crown’s available: £10,200
Final benefit figure £453k
R v O
Crown’s Benefit figure £2.1m
Crown’s available: £85,360
Final Benefit: figure: £35,000
R v G
Crown’s Benefit figure £107,425
Crown’s available: £196,027
Final Benefit: figure: £67,865.75
R v A
Crown’s Benefit figure £80m
Crown’s available: £80m (hidden assets)
Final Benefit figure: £18m
R v M
Section 22 application was sought by the Crown for an extra £10,000
No amendment was made to the confiscation order.