Confiscation restraint & asset recovery
We have been instructed in several multi-million pound confiscation proceedings, including several cases where the firm has been instructed by the client post conviction specifically to handle the confiscation proceedings, including:
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R v T - Confiscation following the conviction of an internet banking fraudster who was part of the Dark Market internet fraud site, and was once on the FBI most wanted list
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R v Y - A multi-million pound confiscation proceedings involving a prominent local businessman following conviction of theft and mortgage fraud
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R v P - A multi-million pound confiscation claim
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R v A - £2m confiscation claim - nominal order made
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R v M - Multi-million pound criminal lifestyle claim following drugs offences
- R v N - Multi-million benefit claim reduced to £500 and nominal amount ordered
Other notable cases include:
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The widely reported R v Shabir [2008] EWCA Crim 1809 – confiscation order quashed as an abuse of process
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R v X - Confiscation appeal concerning ownership of properties in Tanzania
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R v F - Ongoing confiscation proceedings re £600k pheonix company fraud
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R v H - Ongoing confiscation proceedings re a £1m benefit figure following trade descriptions offences
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R v S - Ongoing confiscation proceedings involving allegation of hidden assets in Vietnam
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R v M - £7m benefit claim was reduced to £300k benefit and £220k confiscation order
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R v S - Confiscation proceedings re BIS prosecution - issues re corporate viel and benefit of director acting whilst disqualified
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R v S - Third party interest claim re property held in name of husband convicted of drug offences
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R v M & M - Represented third parties in High Court enforcement receiver applications and also in SOCA civil recovery proceedings - assets were preserved for clients in both cases
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R v C - Certificate of inadequacy application concerning diminution of value of assets held in Norway and Switzerland
- Serious and Organised Crime Agency (SOCA) Proceeds of Crime Act civil recovery proceedings concerning executive pension scheme
We are currently working with other practitioners on a Best Practice Guide to confiscation proceedings.