Our firm deals with substantial and complex Extradition and Regulatory Enforcement cases the most recent of which was a claim from Central Funds for £2.75million.
We also deal with many claims under the Proceeds of Crime Act (POCA) following the making of a Confiscation Order in the Crown Court. Confiscation Orders are usually made under the Proceeds of Crime Act 2002, Drug Trafficking Act 1994 or the Criminal Justice Act 1998 and we know from experience that the solicitors task in dealing with clients financial affairs post conviction can be very difficult and substantial documents will need to be reviewed and in complex cases a Forensic Accountant may need to be instructed in order to demonstrate that the Prosecution’s figures are misguided or simply inaccurate and over inflated.
In some cases applications can be made to the Court for variation or discharge of the Order or for a Certificate of Inadequacy if the assets when realised did not make the sum claimed at the trial. It is quite possible to appeal the order if it can be proved that the client did not actually own an asset which the prosecution claimed that the client had owned. In the current climate the value of assets are questionable and will have a considerable bearing on fee earner time in dealing with these applications and each costs lawyer will ensure this aspect of time is maximized to the fullest extent. Our costs draftsmen are fully aware of potential time that may not be recorded and will bring these matters to the fee earners attention.