Paul represented a client who in 2010 received a confiscation order in the sum of £514,000, or failing the payment of those monies, would have served three and a half years further imprisonment in default. This included the issue of hidden assets.
By June 2016 there remained a balance of £318,174.35 plus interest of £163,012.33 outstanding; the authorities had begun enforcement proceedings and the client was facing an additional period of imprisonment.
Paul began work, digging away and analysing the outstanding sums. As a result of his excellent work, the Court agreed a further Variation order leaving a nil balance due.
Needless to say the client was elated and said “Brilliant. Now I can start my new life. Thanks for everything Paul. You were the only man who could have pulled this off’.
The prosecuting and investigating authorities are under enormous pressure to institute confiscation proceedings and enforcement of those orders. Many of the authorities are now pursuing Civil Enforcement proceedings, e.g. FCA, NCA and some local government and Trading Standards authorities have been successful with these types of civil proceedings. Through following these civil actions they can avoid lengthy, costly Crown Court trials which they may or may not win.
Additionally, City of London police have created a panel of City firms of lawyers to instigate confiscation and enforcement proceedings upon their behalf, which has caused some concern in legal and judicial circles for a number of reasons. The SFO, rather unfairly in our view, have been criticised by another City firm for not pursuing more restraint and confiscation orders; they at least think carefully before restraining assets and are correct to do so.
This means that confiscation and enforcement proceedings are going to top of the Prosecutors agenda firm now on.