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 be the forced sale of a home and other valuable assets or imprisonment in default of payment - it is essential that defendants obtain solicitors with experience in this field.
Sonn Macmillan Walker has represented many clients in confiscation hearings, successfully contesting the benefit figure calculated by the prosecution and the alleged value of assets available.
Contact David Sonn for a prompt response to your enquiry.