Proceeds of Crime Act 2002 (POCA) Triumph| Kangs POCA Solicitors
Cagin Husnu of Kangs Solicitors represented our client before Stafford Crown Court.
Our client had previously pleaded guilty to Conspiracy to Supply Class A Drugs and, as a result, faced Confiscation Proceedings under POCA .
The Alleged Benefit of The Crime | Kangs Confiscation Solicitors
The Prosecution alleged that as a result of his criminal lifestyle, (as defined in Schedule 2 POCA), our client had benefitted to the value of approximately £250,000.
The Defence | Kangs Criminal Defence Solicitors
- It was denied that our client had benefited to the sum of £250,000. His case had always been that he was merely a courier in the criminal activity and, indeed, the Sentencing Judge, and Prosecution Counsel present at the sentence hearing, had referred to him as a courier.
- Our client denied that he owned any assets.
The Procedure | Kangs Criminal Defence Team
- An extremely detailed s.18 Statement of Truth was prepared by Cagin Husnu and served on the Prosecution detailing the client’s assets and liabilities, which included the fact that client was a joint owner of property, (the property), together with his father.
- The Prosecution, in their s.16 Statement in response, asserted that our client had benefitted to the approximate amount of £250,000 and that he had a substantial asset being equity in the property.
- Following our client’s instructions, a s.17 Statement in response was prepared and served on the Prosecution in which it was denied that our client owned any assets.
The s.10A Application | Kangs Confiscation Solicitors
Our client maintained that, whilst his name was included on the title deeds for the property, it was his father who had always paid the mortgage instalments and he had never made any form of financial contribution.
A s.10A Application, (introduced into POCA by the Serious Crime Act 2015), was lodged.
This procedural step can be effective when more than one person has an interest in a property as it enables the Judge who ultimately makes the Confiscation Order to make a determination as to what extent, if any, the applicant has an interest in a particular property
Successful Result | Kangs Criminal Negotiating Team
Following lengthy negotiations, the Prosecution conceded that our client was merely a courier and accepted that his liability was only £2,500.00, being his financial gain for couriering the drugs.
A Confiscation Order was made against our client in respect of his criminal activity in the sum of £2,500.00 and he was ordered to pay that amount to settle his debt.
Some of Our Recent Confiscation Cases | Kangs Confiscation Solicitors
A sample of recent cases:
- https://www.kangssolicitors.co.uk/uncategorized/success-in-confiscation-proceedings-at-lewes-crown-court/
- https://www.kangssolicitors.co.uk/uncategorized/confiscation-nominal-order-achieved/
- https://www.kangssolicitors.co.uk/uncategorized/confiscation-proceedings-stopped-in-its-tracks-at-southwark-crown-court/
- https://www.kangssolicitors.co.uk/uncategorized/confiscation-order-successfully-argued-at-bristol-crown-court/
- https://www.kangssolicitors.co.uk/uncategorized/confiscation-hidden-assets-success-1-nominal-order-achieved/
- https://www.kangssolicitors.co.uk/uncategorized/confiscationpoca-proceedings-nominal-order-at-kingston-crown-court/
How We Can Help | Kangs Confiscation Solicitors
If you require any advice, assistance or representation on any aspect of Confiscation Proceedings or the Proceeds of Crime Act 2002, then please contact our team through any of the following:
John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396
Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07710 67 77 67
