1. 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 David Ingram Grant Thornton UK LLP, London

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

3. 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

4. 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...

5. 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

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

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

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

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

10. John and Anne Darwin

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

12. 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

13. Questions ?