Restraint and Confiscation – A practical guide to the recovery of criminals' assets in the UK and overseas ICC Fraudnet Hilton Mauritius Hotel and Spa.

Slides:



Advertisements
Similar presentations
Proceeds of Crime and Asset Recovery 21 February 2007.
Advertisements

Civil Law and Criminal Law. By John Johnston AIIRSM Health and Safety for Beginners - HSfB.
Law and the legal system
The role of confiscation and other legal remedies Declan O’Reilly Bureau Legal Officer Criminal Assets Bureau Ireland High-Level Conference on a Renewed.
4/15/20151 A new EU legal framework on confiscation The new Commission proposal for a Directive on confiscation Sebastiano Tiné European Commission DG.
Chapter 1: Law in Society
Prosecuting Stalking Fiona Gray Trial Advocate Office of the
The European Public Prosecutor: Coming soon to a country near you? An EPP working with UK authorities Practical issues Mike Kennedy President of Eurojust.
POCA - A Local Authority View. Local Authorities & POCA What asset recovery offers Contributes to your Councils Strategic Priorities To protect the most.
Using asset forfeiture to fight crime Willie Hofmeyr Head: Asset Forfeiture Unit, RSA
Proceeds of Crime Act 2002 Lee May. Proceeds of Crime Act 2002 Topics Rationale for the Legislation Overview of the Act – Confiscation Regime Application.
© 2012 Edwards Wildman Palmer LLP & Edwards Wildman Palmer UK LLP Criminal & civil recovery mechanisms to recover the proceeds of corruption a common law.
Presentation of the Eurojust opinion on the proposed Directive on the Freezing and confiscation of proceeds of crime in the European Union Francesco Lo.
The “3 P’s” of Senate Bill 75 Prosecution Prevention Protection.
The New Housing Fraud Legislation ROBERT DARBYSHIRE RICHARD PRICE 9 ST JOHN STREET.
Mutual Legal Assistance Kennedy Talbot 33 Chancery Lane
What is law? A body of rules, imposed and enforced, among the members of a given state.
Serious and organised Crime. What is SAOC? involves more than one person, is organised, meaning that it involves control, planning and use of specialist.
Fight Against Corruption - Integrative Feedback of Domestic and International Activities OHRID, 15th – 16th October 2010 REPUBLIC OF CROATIA Ministry of.
“FIGHT AGAINST CORRUPTION – INTEGRATIVE FEETBACK OF DOMASTC AND INTERNATIONAL ACTIVITIES” OHRID, Ministerial Plenary session “Fight against.
Executing Environmental Judgments in Criminal Proceedings.
Developing an Asset Recovery Programme Fitz-Roy Drayton Criminal Assets Recovery Project Serbia.
Asset Forfeiture in Bermuda Presented by: Cindy E. Clarke And Larissa R. Burgess IAP European Regional Conference, The Hague, March 2009.
Test Yourself: Introduction to Law. State for each of the following terms whether they are to be found in criminal law or civil law or both.
Mutual recognition of restraint and confiscation orders in the EU David Trovato CPS Proceeds of Crime ECLA & IALS Seminar 7 December 2015.
The Criminal Justice System has 3 main components Law Enforcement (Police and other agencies) Judicial System/Courts Corrections –There are several different.
Legal Considerations Members in Practice (MIP) Members in Business (MIB)
1 Criminal law update March 2012 March 2012 Presentation by Mark Lucraft QC.
Legal Considerations Members in Practice (MIP) Members in Business (MIB)
IPR Enforcement in the United Kingdom Kenny Wright Danish Patent and Trademark Office.
3 Division of Law 1. I. Division of Law private law X public law relationship between individuals X relationship between an individual and the state.
 Locations :Bridewell Court14 New Bridge Street, London, Greater, London, United Kingdom  EC4V 6AG Tel (020) Fax (020) DX 447.
Planning – Fraud - Proceeds of Crime Act 2002 Matthew Chugg Accredited Financial Investigator Slough Borough Council.
Asset Recovery - Hong Kong Perspective Asset Recovery - Hong Kong Perspective Sudhir GIDWANI Chief Investigator Independent Commission Against Corruption.
Victorian Court Hierarchy
What is Law? Stage 1.
Confiscation for Trading Standards
English for Lawyers 1 Lecturer: Miljen Matijašević
By Paul Onifade Partner, Crowther Solicitors London
BRIEFING TO THE SELECT COMMITTEE ON SECURITY AND JUSTICE: MUNICIPAL LAW ENFORCEMENT OFFICERS (7 June 2017)
SENTENCES AND SENTENCING
Money Laundering Scale and Prevention: Facts and Myths
CRIMINAL VS. CIVIL LAW.
The Role of the Jury.
Seizing Criminal Assets to Fight Crime
REDUCING CRIME AND THE FEAR OF CRIME BY MAKING SURE CRIME DOES NOT PAY
ASSET SHARING Between countries in criminal cases
Criminal Process Sentencing of Adults
Seizing Criminal Assets to Fight Crime
Hierarchy of courts Exercises.
The Rights of Victims.
Corporate Criminal Offences (CCO)
2011 International Bar Association Conference
Chapter 15: Courts, Judges and Laws.
Winter Meeting 3rd November, 2016
The New Housing Fraud Legislation
Unexplained Wealth Orders
Criminal Law and Justice
Philip Hackett Q.C The 36 Group SPEAKER.
As Law Students You will learn that the study of law is complex.
DUE PROCESS Rights of the Accused.
Charter case study #1. Charter case study #1 This is a little review…
The Prosecution of Sexual Offences
Seizing Criminal Assets to Fight Crime
Chapter 15 Courts Judges and the Law.
The Canadian Legal System
POCLA – Anti-Money Laundering and Confiscation projects
A fundamental principle of UNCAC
Developing a Firearm Surrender Protocol
Case Study: Lessons from embracing co-location cross government
Presentation transcript:

Restraint and Confiscation – A practical guide to the recovery of criminals' assets in the UK and overseas ICC Fraudnet Hilton Mauritius Hotel and Spa Resort 8th April 2010 David Ingram Grant Thornton UK LLP, London

Restraint and confiscation in the UK Brief history Current legislation Examples Significance to FraudNet members Questions

A brief history of restraint and confiscation Drug Trafficking Offences Act – 1986 Criminal Justice Act – 1988 Drug Trafficking Act – 1994 Proceeds of Crime Act – 2002

Current Legislation Proceeds of Crime Act 2002 - "POCA" Criminality post 24 March 2003 Agencies Crown Prosecution Service - CPS Serious Organised Crime Agency - SOCA Serious Fraud Office - SFO Department of Work and Pensions OFT FSA Department of Environment Office of Fair Trade The Royal Mail...

Application for a Restraint Order May seek restraint order as soon as criminal investigation has commenced Crown Court - POCA Must demonstrate that if successful prosecution there will be application for Confiscation Order Will need to stipulate value of assets to be restrained Creates an interest in property c/w freezing order

Confiscation Order Post conviction Benefit - actual Confiscation amount defendant's assets not restricted to obtained through criminality hidden assets Default sentence Time to pay

What if the defendant is found not guilty? Civil recovery SOCA, RCPO (now CPS), CPS Failed prosecution Defendant out of jurisdiction Criminal lifestyle

Civil Recovery - POCA style Introduced by POCA Property freezing order - ex parte Application for civil recovery Civil burden of proof

Restraint, confiscation and third parties Rights of prior encumbrancers preserved SFO V Lexi s426 POCA Compensation Orders - Messrs. Darwin

John and Anne Darwin

Examples Restraint stage – Selby Confiscation stage – Leaf Civil Recovery – Pickering

Significance of this area of UK law to FraudNet members UK – PCB ref Stannard Ireland – Arthur Cox ref Leaf USA – Astigarra Davis - Davison UAE – Hadef - various BVI – Walkers - various France – Lebray - Stannard

Questions ?

Feedback: Privacy Policy Feedback
Do Not Sell My Personal Information
About project: SlidePlayer Terms of Service

© 2025 SlidePlayer.com. Inc. All rights reserved.