asset forfeiture and confiscation

including asset confiscation, asset identification, criminal investigations

Confiscation prevents the laundering or reinvestment of criminal assets either to facilitate other forms of crime or to conceal illicit proceeds.

A core element is The Crown Court that has the power that can seize and deprive individuals and third parties of their property. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Source: Confiscation and Ancillary Orders pre-POCA: Proceeds of Crime Guidance

In every country, measures should be put in place to identify, trace and evaluate property which is subject to confiscation.

Why choose Forum Financial Advisory & Training Solutions SRL?

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We deal with both UK and Romanian confiscation legislation,

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Michael has dealt with International Asset confiscations from his service with the Metropolitan Police Organised Crime Squad,

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Newly proposed legislation is currently in 2020, being passed through the Romanian Parliament,

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We recognise the impact confiscation can have on people's life,

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The number of freezing, seizing and confiscation actions it's in a constant rises.

Frequently Asked Questions:

What is a confiscation order?

A UK confiscation order will be made after a conviction and will be to deprive a defendant of any benefit obtained from a crime. The prosecutor will take steps to preserve assets so they are available to pay the order. In the situation where the order is not paid voluntarily then either:

  • The Magistrates’ Court enforces the order as if it were a fine.
  • The prosecutor may apply to the High Court to appoint a receiver.
Who has the power to make confiscation orders?

The Crown Court has the power to make an order under the Drug Trafficking Act 1994 (DTA) and Part VI of the Criminal Justice Act 1988 as amended by the Powers of Criminal Courts Act 1995 (CJA). The CJA also gives the Magistrates’ Court limited powers, this is confined to the offences set out in schedule 4 of the CJA.

What is the difference between confiscation and forfeiture orders?

The court may make a forfeiture order depriving the defendant of the major part of their assets. A forfeiture order deprives the defendant of title immediately. A confiscation order is an order to pay a sum of money enforced as it is a fine. If a confiscation order is enforced then the court will not usually be able to make a forfeiture order.

    Confiscation Orders - Available and Benefit amounts

    The benefit amount is the amount the defendant benefitted from their crime and includes assets around the World whether obtained lawfully or by criminal means.

    If the benefit amount cannot be seized at the time then the available amount at that time is calculated.

    FAILURE to pay a confiscation order results in a default prison sentence in ratio with what they owe the Court.  THIS IS AN EXTRA PRISON SENTENCE ON TOP OF THEIR ORIGINAL PRISON SENTENCE.

    CASE EXAMPLES

    R v Donal O’CHONAILL

    Owed over GBP£12 million on a confiscation order for tax evasion and accrued interest. Hid assets overseas. Fled the United Kingdom but Michael was instrumental in extraditing O’CONNELL back to the United Kingdom where he is now serving a further prison sentence of seven years for non-payment of his confiscation order. Further assets identified overseas.
    Read more here:

    www.casemine.com

    Financial Intelligence Officer and Detective

    Tracked individuals through their hidden financial activity nationally and internationally, securing locations to facilitate arrests.
    Established connections between murder victims and their assailants; developed intelligence and setting direction within murder enquiries.
    Example:
    • Utilised financial investigative skills by liaising directly with Barclays, Western Union, (US based) and MoneyGram, resulting in tracking two suspects for murder.
    • Financial enquiries with Western Union revealed they had fled the UK to Spain via the Netherlands where they were arrested and later extradited.
    • Financial enquiries identified links to ISIS/DAESH with the two suspects and links to foreign fighters in Syria and safe houses in North Africa. A successful prosecution was achieved.

    EU Asset Confiscation

    ec.europa.eu

      Romania – Law 228/2020 passed on 02nd November 2020  re-confiscation

    Wider scope in Romania for extended confiscation of goods in force begins today

    Let’s Work Together

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