Proceeds of Crime
Confiscation Proceedings
Proceeds of Crime
Piggotts represent your clients and those with Interested Third Party Rights in Confiscation proceedings.
We understand confiscation proceedings can
have a far reaching impact on your clients and those around them. It is our role to minimise
that impact.
Protecting Assets.
Reducing the Benefit Figure
Piggotts are often appointed by clients to take over criminal cases at the Proceeds of Crime stage in order to reduce benefit figures and protect the client's assets from confiscation.
Overinflated benefit figures, justify our experts taking every element of the confiscation case and breaking it down.
Our primary role is then to rebuild the case and more often than not, being able to reducing the benefit figure dramatically.
Criminal Lifestyle.
S10 POCA 2002 states if the defendant is deemed to
have a criminal lifestyle, the statutory assumptions will apply.
The first assumption is “that any property transferred to the defendant at any time after the relevant day was obtained by him as a result of his general criminal conduct, and at the earliest time he appears to have held it”
In many cases the "Relevant Day" will go back 6 years from the date the defendant was charged with the offence, which after conviction gave rise to the Confiscation proceedings.
The second assumption is “that any property held by the defendant at any time after the date of conviction was obtained by him as a result of his general criminal conduct, and at the earliest time he appears to have held it”.
The third assumption is “that any expenditure incurred by the defendant at any time after the relevant day was met from property obtained by him as a result of his general criminal conduct”
The fourth assumption “that, for the purpose of valuing any property obtained (or assumed to have been obtained) by the defendant, he obtained it free of any other interests in it,” applies from the day the defendant was born.
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