12th November 2018
Confiscation Orders & Proceedings
If you have been convicted of a criminal offence and the court finds that you have gained financially from the crime then you could face confiscation proceedings where the Court can order that you pay back your financial gain. This may include gifts and transfers you have made to others. If you fail to pay the confiscation order within a maximum period of 6 months then you also face a period of imprisonment in default of payment and you must still pay the order. At Cartwright King we have the expertise and experience to deal with all aspect of confiscation including advising family and friends of their rights to property and assets. We are able to advise you how to appeal or reduce a confiscation order and represent you in court if necessary.
Free initial telephone consultation
Our highly skilled team of Fraud solicitors are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call Glen Henry on 0808 168 5550 or email firstname.lastname@example.org.
Confiscation Proceedings and the law
According to the Proceeds of Crime Act 2002, the courts have the legal authority to invoke a confiscation proceedings investigation against you. During the investigation, it will be deterred whether you have financially benefitted from criminal activity and if so, be ordered to pay the money back. While the courts can legally enforce this, it is essential for you to acknowledge that a certain process must take place which corresponds with the following:
- Determining if you live a criminal lifestyle
- If yes, what benefits you attain from your respective criminal activity
- Calculating how much you owe
Examples of the most common offences include money laundering, drug dealing, and any regulatory related offences. Once it has been confirmed that you are potentially involved with such criminal activity, you will have to undergo the following:
- Forfeiture Investigation: This is where the authorities have seized any cash that has been suspected to have been made through criminal activity.
- Forfeiture Proceedings: This is where once the authorities have seized your money they must apply to the courts in order to retain it.
If you are taken to court, The Proceeds of Crime Act will allow the prosecution to assume how much you have benefitted from a criminal lifestyle which also includes any assets such as property and money given to friends and family. This could therefore lead to you owing more money than you have actually profited from, which makes it imperative that you seek legal representation to avoid this from happening.
What punishment could you face?
Once you are found guilty during the confiscation proceedings investigation, you will be ordered to pay at least the profits you have made from criminal activity. Additionally, you will likely be faced with a prison sentence which will vary depending on the seriousness of the crime you have committed. If for whatever reason you cannot pay the money back – and this is documented as evidence – you may be given a 6 month extension to pay the money back. If you still fail to do so then it will be a certainty that you will face time in prison.
Quite often, the more severe consequences can be diverted if you have professional legal guidance from the outset. At Cartwright King, we are able to assist you throughout the legal process.
How we can help
If the legal authorities are in the process of investigating you with a confiscation proceeding, our experienced fraud solicitors are available to put forward your case in the best possible light and advise you throughout the entire process. We promise to:
- Advise you throughout the entire process
- Advise you on a confidential basis of any concerns you have
- Represent you in an interview under caution
- Prepare and collate all required documents
- Represent you in court if necessary
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Given the broad area of law surrounding confiscation proceedings, we will ensure to deal with your case by finding all of the facts and circumstances.
Why Choose Us?
At Cartwright King, our solicitors understand the stress a confiscation proceeding can cause and the long term consequences that could potentially affect you, your family and your future. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550 and ask to speak to Glen Henry. Alternatively you can email the fraud team on email@example.com and we will get back to you as soon as possible.
Our fraud defence solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, London Temple, London Fleet Street, Luton, Manchester, Middlesbrough, Milton Keynes, Newcastle, Northampton, Nottingham, Oxford, Sheffield and Worcester.
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You can always call us on 0808 168 5550 or email firstname.lastname@example.org
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