Call us 0333 370 4333
19/12/16

Confiscation Hearing Success | Kangs Confiscation Solicitors

Share

Timothy Thompson of Kangs Solicitors recently acted for a client involved in Operation Bluetail, which focused upon a conspiracy to supply drugs.

Sentence reduced upon Appeal | Kangs Criminal Appeals Team

The Crown’s case was overwhelming, our client pleaded guilty and he was sentenced to fifteen years imprisonment.

Following meticulous preparation of his Appeal documents, our client’s sentence was successfully appealed and reduced to twelve years.

Hidden Assets Claim| Kangs Confiscation Solicitors

The Crown commenced Confiscation proceedings which included an allegation that our client enjoyed the benefit of ‘Hidden Assets’, the existence of which our client denied.

The Issue | POCA Solicitors

As the benefit figure attributed to our client’s gain from criminal activity was calculated at a sum slightly less than two million pounds, it was of paramount importance to him that robust representations were advanced on his behalf to persuade the Crown that there were no ‘Hidden Assets’  to be taken into account.

This was essential to our client because failure would have resulted in a liability that he was totally incapable of discharging and, indeed, would never remotely have been able to do so.

Resultant failure in meeting his obligations under the Confiscation Order may well have seen the length of his prison sentence doubled.

The Negotiations | Criminal Defence Solicitors

The Crown sought to show that our client had hidden the benefits of his criminality with the result that his family were living off them and maintaining a lifestyle superior to that which would be expected from their apparent resources.

Over many weeks, we sought and obtained a substantial amount of evidence in support of our client’s claim and which included securing a supportive report from an independent expert upon the profitability etc. involved in the supply of drugs.

The Result | Kangs Solicitors

As the result of these endeavors, we successfully negotiated the reduction of the benefit figure down to the sum £490,000 i.e by virtually £1,500,000!

Additionally, as the result of our submissions the Crown dropped its assertion that our client had the benefit of any ‘Hidden Assets’.

The Effect | Confiscation Law Solicitors

  • It was concluded that our client possessed realisable assets in the region of £21,000 which was to be used to satisfy the Confiscation Order made against him.
  • As these were identified assets our client will be able to satisfy the Order and therefore will not face a further term of imprisonment. If he was unable to do so he could have faced an extra nine months being added to his original term of imprisonment. Had we not been successful in our efforts on his behalf, he would, potentially, be facing an additional prison term of up to fourteen years.

Do you have a similar issue? Who to contact? | Kangs Solicitors Confiscation Team

Kangs Solicitors, have a dedicated team specialising in Confiscation Proceedings and related issues.

Please feel welcome to contact our team through:

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

New Sentencing Guidelines (‘the New Guidelines’), which come into effect on 1st January 2020, have been issued covering adults convicted of Public Order Offences. John Veale of Kangs Solicitors comments upon the changes. Background | Kangs Sentencing Advisory Team In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines in respect of such […]
01/11/19
The Court of Appeal has recently handed down an important Judgement protecting legal professional privilege (‘LPP’). Helen Holder of Kangs Solicitors explains the nature of LPP. What is Legal Professional Privilege? | Kangs Criminal Law Advisory Team LPP protects all communications between professional legal advisors and their clients from being disclosed without each individual client’s […]
31/10/19
A cut-throat defence arises where, during criminal proceedings, a defendant gives evidence on his own behalf and which is not only likely to strengthen the prosecution case but is designed to damage a co-defendant’s case to the extent that it may go as far as blaming the co-defendant whilst endeavouring to exonerate himself. John Veale […]
30/10/19

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note do not accept legal aid instructions.
Old map of Birmingham