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.
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 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.
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.
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.
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:
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.
• 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.