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What are confiscation proceedings? Confiscation proceedings are brought following a conviction for an offence where there has been a financial gain. This could be a fraud, drugs or indeed any regulatory offence where it is perceived that the criminal...
I have been made the subject of a restraint order what does this mean? This means that a Court has been asked to freeze all or some of your assets including bank accounts, property and vehicles. You will not be able to transfer or sell any assets listed...
Being under investigation or arrested is never a pleasant experience and if you have not received legal advice it can be even more distressing. Call us on 01616 966 229 , we have specialist lawyers on call 24 hrs a day 7 days a week who are ready to...
It is widely accepted that the Proceeds of Crime Act (POCA) is a highly complex area of law. What many people facing these proceedings are unaware of is that whereas the burden of proof for the primary offence is on the prosecution to prove guilt, for the...
Over the past few months two Environment Agency prosecutions demonstrate the significant inconsistency in fines imposed by different Magistrates’ Courts. At the present time, it appear to be something of a ‘postcode lottery’ in terms...
The Court of Appeal ordered the recalculation of a defendant’s available amount seven years after his original confiscation proceedings and where he had acquired assets through his legitimate business. In 2006 Mr Padda pleaded guilty to several drug...
A regular issue that arises with commercial vehicle operators (both PSV and HGV) that we represent at Public Inquiry before the Traffic Commissioner, is the legal entity of the “person” or business that holds the operators licence. Often the...
The Environment Agency published its annual waste crime report, which it says shows its efforts to identify and close illegal waste sites is paying off. The number of sites closed in 2012/13 increased by 70% on 2011/12 figures, with a total of 1,279 illegal...
The Bribery Act 2010 came into force July 2011. For a long time the Act seemed to ‘lack teeth’ and now finally it seems to be having an impact. In July 20103 the Serious Fraud Office (SFO) admitted the Act appeared to be lying dormant and then by...
There is an increased desire to see large corporations brought to account particularly following the banking crisis. Individuals are far more likely to be investigated and senior management brought in for questioning particularly when a fraud is committed...