Confiscation: Piercing the Corporate Veil
David Bloom writes for the Solicitors Journal on this difficult topic relating to the Proceeds of Crime Act.
The Proceeds of Crime Act 2002 (POCA), which underpins the confiscation process in England and Wales, is weighted against the defendant. The stated purpose of confiscation proceedings is to deprive the convicted defendant of the financial benefit obtained from his criminal conduct. The burden is invariably on the imprisoned defendant, without easy practical recourse to his financial records, to establish on the balance of probabilities the legitimacy of his assets over the preceding six years in the face of prosecution assertions and statutory assumptions.
Read David’s article here: SJ 27 June 2017
With thanks to the Solicitors Journal for permission to reproduce this article