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Confiscation Proceedings

The introduction of the Proceeds of Crime Act 2002 has led to a boom in confiscation proceedings against individuals, many of whom are shocked to discover that the law is heavily stacked against them.

As defence lawyers first and foremost, we at Shearman Bowen recognise that certain provisions of the Act offend certain time-honoured principles – including that of “innocent till proven guilty”.

For example:

  • we recognise that the “criminal lifestyle” provisions of the Act (and specifically the “statutory assumptions” under s.10) enable prosecutors to look at a Defendant’s finances for six years prior to charge – and longer in some cases
  • we recognise that  those provisions require a defendant to prove that his property and income are legitimate
  • we recognise that prosecutors may seek an order against a Defendant amounting to more than the value of the offence for which he has been convicted
  • we recognise that the Act empowers the prosecution to seek an Order against a Defendant even where he has not personally benefitted
  • we recognise that a finding of “hidden assets” can lead to a Defendant  facing an order he cannot afford or a jail sentence of up to ten years in default
  • we recognise that the Act often requires Defendants to provide documentary evidence from many years ago

We also recognise that – despite these disadvantages – confiscation cases can be fought and won.

Shearman Bowen & Co. has huge experience in the field of criminal confiscation, and an impressive track record in securing favourable outcomes for our clients (see previous cases page).

We have recognised that, in order to fight for our clients’ interests, a different approach needs to be taken from that taken in other areas of criminal litigation. We are considerably more pro-active in confiscation cases, and have developed an experienced in-house team to conduct the level of financial investigations that are often necessary in these cases. Our team has the necessary investigative and analytical skills to piece together a client’s financial affairs, often from an unpromising starting point. We have find time and again that our approach pays dividends for clients.