Once someone is convicted of a criminal offence from which they can be shown to have benefitted financially, the Proceeds of Crime Act 2002 allows the prosecution to seek a confiscation order, and invariably they do. They calculate how much the defendant has benefitted from his or her conduct and what assets he or she has available in order to repay that benefit.
Confiscation proceedings are complicated and technical, often requiring the input of forensic accountants, property valuers and other financial experts. Given that the effect of a confiscation order can force the sale of a home and other valuable assets and/or imprisonment in default of payment, it is essential that defendants obtain solicitors with experience in this field.
Even after the conclusion of the criminal case and after confiscation has been addressed by the court, in some circumstances the prosecution can seek a redetermination of the available amount. Having experienced lawyers helping your case is vital in these circumstances.
Sheppards Solicitors have represented many clients in confiscation hearings, successfully contesting the benefit figure calculated by the prosecution and the alleged value of assets available.
