Proceeds of Crime
Proceeds of crime refer to money/assets that have been acquired directly or indirectly through crime.
Proceeds of Crime FAQ
Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 (POCA) gives power to the authorities in Scotland to confiscate money or property that it alleges is a proceed of criminal activity. Proceeds of Crime actions are particularly complex, and if you have been served with documents, you must contact one of our lawyers without delay.
Confiscation order under the POCA
Criminal confiscation proceedings are proceedings that are raised in the Criminal Court. They begin by the service of a document on the accused called a Statement of Information.
This Statement of Information outlines the money and property that the authorities believe has been obtained or has been able to be obtained because of the proceeds of particular criminal conduct.
The burden of proof relies on the respondent or accused person to satisfy the Court on the balance of probabilities that the money or property referred to has not come about as the result of criminal activity.
Where an accused is convicted of POCA, this can go back over a period of 6 years preceding the date of the offence when considering what money and property to include in the action.
Very often, the figure that the authorities arrive at is much higher than the benefit actually gained from criminal conduct.
In fact, in some cases where there has been no benefit from criminal conduct, the Crown can still make an order for the confiscation of thousands of pounds.
It is vital, therefore that if someone is faced with confiscation proceedings they should contact our POCA lawyers without delay. Very often to achieve a good result with our clients, the firm will be able to employ expert forensic accountants to assist with the preparation of the defence of such proceedings.
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