11/10/17

POCA Proceedings | Kangs Solicitors Confiscation Specialists

Share

Kangs Solicitors are defending a client facing Confiscation Proceedings following his conviction for fraud and from which the Prosecution allege that he gained a financial benefit.

Nazaqat Maqsoom of Kangs Solicitors outlines the position.

The Circumstances | Kangs Criminal Defence Solicitors

Our client was an employee of a company on behalf of which he made various representations.

He has always maintained:

  • he was simply an employee,
  • he had no interest in the company and that
  • the money involved was received by the company.

Our client denies that he is liable for the amount sought by the Crown or the alleged benefit that he is alleged to have received.

The Alleged Benefit | Kangs POCA Solicitors

The Prosecution allege that our client has benefitted from proceeds of crime in a substantial amount and that he has available assets amounting to double the alleged benefit figure in order to satisfy the claim.

Legal Arguments Hearing | Kangs POCA Trial Solicitors

At a recent Hearing before Birmingham Crown Court, complex legal arguments were advanced on our client’s behalf concerning:

  • whether or not the case should be classed as a ‘lifestyle offence’ (as it does not fall within the statutory definition of ‘Criminal Lifestyle’)
  • whether or not our client had benefitted from the criminal conduct as the monies had been paid into a company account over which our client had no control.
  • whether or not the ‘corporate veil’ was operative in this instance.

The Judge has reserved his Judgement which we now await

How We May Help You | Kangs National Financial Crime Solicitors

At Kangs Solicitors we have a dedicated team specialising in all aspects of financial proceedings including POCA, Asset Forfeiture and Restraint Order work and we are happy to provide clients and fellow professionals with an initial no obligation consultation.

We are, as a matter of course, instructed by clients requiring assistance throughout the whole of the country from our London, Birmingham and Manchester offices.

If you need any assistance in regard to confiscation, please do not hesitate to contact our team through any one of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210

Tim Thompson
tthompson@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 07989 521210

Amandeep Murria
amurria@kangssolicitors.co.uk
0161 618 1098  | 0121 449 9888

Nazaqat Maqsoom
nmaqsoom@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.