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Excellent Confiscation Success for LNL & Rhys Mardon’s Client

confiscationRhys acted in confiscation proceedings for an individual convicted of serious drug offences. The Crown sought a sum of £2 million from our client, however, after detailed and painstaking work involving going through both his business and personal finances over six years, Rhys managed to prove that all that could possibly be owed was, at most, just over £100,000, and that the client possessed only £10,000 in realisable assets. This meant that he did not serve any additional time in prison as a result.

Contact Lewis Nedas Expert Solicitors

Lewis Nedas has an excellent reputation in dealing with confiscation matters. If you require any advice or assistance with a confiscation matter, please contact us on 0207 387 2032 or complete our online enquiry form here.

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Paying Back the Proceeds of Crime

Last week one of the key players in a 21-strong gang who stole £37.5 million in a complex tax fraud was ordered to pay back £3.3 million. It is a good example of the asset recovery powers available to the authorities in fraud cases.

According to HMRC, Peter Pomfrett’s 2008 conviction followed one of the most complex investigations ever undertaken by it into ‘Missing Trader’, or MTIC, fraud. The group imported computer chips, mainly from Ireland, VAT-free. The goods were then sold on through a chain of companies, with VAT added. Sham invoices would be issued before the computer chips were eventually exported back to the European Union. This allowed the companies in the chain to obtain a credit for the VAT apparently paid on the goods.

Following the conviction, HMRC’s next step was to investigate Pomfrett’s finances – and those of other members of the group – in order to seek confiscation of his assets so as to recover the proceeds of the fraud.

Confiscation orders are governed by The Proceeds of Crime Act 2002, which provides that a confiscation order can be granted “in relation to persons who benefit from criminal conduct” in order “to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct”.

The confiscation order remains in place until the amount covered is paid off, and until this happens it remains a debt owed to the Crown by the defendant. The defendant can pay up voluntarily, but if he or she does not, the Crown Prosecution Service is likely to take compulsory enforcement action.

In this case, if Pomfrett does not pay up within 12 months, he will have to serve a further seven years in prison and will still owe the money when he is released, according to HMRC.

Contact Lewas Nedas' Criminal Lawyers in London

If a confiscation order has been made against you and you require specialist legal advice, please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here. 

This blog post is intended as a news item only- no connection between Lewis Nedas and the parties concerned is intended or implied.

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New Instructions for LNL Fraud Solicitors This Week

  1. Sean Reilly has been instructed on a large scale 'courier fraud' involving allegedly corrupt police officers;
  2. Siobhain Egan is dealing with a new banking fraud matter;
  3. We are instructed on a conspiracy to defraud (multi-defendant) – Sean Reilly is dealing;
  4. Miles Herman is dealing with an international money laundering investigation;
  5. Sean is also now dealing with a conspiracy to pervert the course of justice;
  6. Miles has been instructed in a multi-jurisdictional and multi-handed money laundering inquiry – a Criminal Finance Team Investigation;
  7. Additionally, Miles is instructed in a conspiracy to defraud allegation, featuring a major payday loan company (with ten defendants);
  8. Siobhain Egan is instructed in another SFO enquiry, a conspiracy to defraud €60 million and money laundering investigation;
  9. The firm has received new instructions from third parties affected by restraint and confiscation proceedings (Siobhain Egan is dealing with these).
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Another Great Confiscation Result

Keith Wood has achieved another fantastic result for a client in a long and complex confiscation matter.

Our client, having been acquitted of very serious money laundering allegations, had pleaded guilty to a housing benefit fraud and associated mortgage frauds. The CPS took a very aggressive stance on confiscation and started the case with a claim that the benefit to the client amounted to just shy of £2.5 million. The Crown also indicated initially that they were pursuing a hidden assets argument, which of course meant that our client faced a potential further ten years.

Through meticulous argument and analysis, Keith defeated all the Crown's assertions over the 18 month period in which this case ran. It involved understanding the layering of legitimate money in many businesses, personal accounts and property, overseas as well as domestically owned. A settlement was reached whereby the Crown conceded benefit at a little over £200,000 and identified available amount of just £30,000 which was all that was left in the restrained accounts.

The client, now released from prison, was understandably delighted. The Judge when making the order commented to our client that, "You have been extremely well represented and advised throughout these proceedings."

Counsel was Sam Stein QC and Jon Green, both of Dyers Chambers.

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Stunning Confiscation Success for Lewis Nedas Law

Miles Herman and Jeremy Ornstin successfully represented a defendant in relation to Crown Court confiscation proceedings. The original order sought by the Crown amounted to over £800,000.

As a result of skilful defence work and proactive responses to the Prosecutor’s statement, the Crown conceded that with no realistic prospect of a successful order in their favour, they would agree to the Court making a nominal order against this defendant.

Lewis Nedas Law have a wealth of experience in confiscation cases, and this outstanding result is a further example of the quality of work undertaken in this area. If you require any advice or assistance, please contact Miles Herman or fill out our online enquiry form.

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