Case Study: Proceeds of Crime Act

Posted on

Success

A superb result in a complex Proceeds of Crime Act case has been secured by Ian Anderson, Head of the Regulatory Law and Complex Crime team.

The case saw the Prosecution initially try to recover an amount in excess of £400,000 but concede that no monies should be paid- all as a result of the arguments Ian Anderson put forward.

Understanding and using technical arguments was at the heart of Ian’s approach. These are not always explored in POCA cases, but this matter illustrates very strongly just how important they can be.

Ian’s response to the Prosecution case included:-

  • A forensic examination of the Prosecution’s claims, identifying and opposing their flaws and inaccuracies;
  • Identification of relevant case law, pinpointing a number of cases which could be positively applied to our client’s situation.

The Prosecution conceded that, taking into account the force of Ian’s arguments, the Confiscation proceedings should be withdrawn.

If you are facing proceedings under POCA, and wish for the merits of your case to be fully assessed, please get in touch. Your liability to pay, or to pay the amount being asked for, may not be as clear cut as it first appears.

For more information about Confiscation proceedings, please see Ian’s blog post: 

What are confiscation proceedings and how do they work?

To contact Ian, please call 0113 284 5062 or email ian.anderson@isonharrison.co.uk.

« Go backContact us »