Confiscation Figures Reduced By Over £2 Million

A benefit figure was initially sought for over £3 million, but reduced to £970,000, with the available amount reduced from £2.7million to £640,000.

Our client faced Confiscation proceedings following a conviction for conspiring to supply Class A drugs. This was an Operation Venetic case involving encrochat messaging.

As a result of the offence this was a criminal lifestyle case where the assumptions were applied by the Crown. The benefit from conviction was limited to the value of the drugs at £364,000, but the overall benefit figure was significantly increased as a result of the assumptions.  The defendant received around £300,000 worth of credits to his bank account, had purchased a high value property during the relevant period and was linked to numerous high value watches. He was also the director of a profitable company having acquired and sold shares estimated to be valued at around £1.2 million during the relevant period. The value of those shares were therefore considered by the Crown to be part of the benefit figure under the assumptions, and also part of the available amount on the basis they were a tainted gift.

Our clients position was that a number of others, including his partner, contributed to the property purchase and renovation and were therefore interested third parties. In respect of the watches our clients position was that although he had accounts with specialist jewellers and therefore often purchased items, these were often purchases on behalf of others and the majority of the watches did not belong to him and were not available assets.

There were 6 interested third parties in this case. The transfer assumptions alone lead to us obtaining statements from around 15 defence witness statements. A drugs expert was instructed in respect of the value attributable to the drugs in the original case, and a forensic accountant in respect of the bank transfers.  We also obtained expert evidence in respect of the value of the shares.

After significant defence material was provided the prosecution were persuaded to lower the benefit and available amounts by over £2 million.

Amy Cox, Katie Lobo and Izzie Bond-Mills prepared this case, and Nigel Power KC was instructed.