Liam O

Proceeds of Crime

Proceeds of Crime cases in Scotland are governed by the proceeds of Crime Act 2002.

We are regularly instructed in Proceeds of Crime cases in Glasgow and indeed throughout Scotland and are recognised as a leading firm in this field.

There are two different types of case which arise here.

Confiscation Cases

Confiscation cases are pursued by the Procurator Fiscal following a criminal conviction where there has been ‘financial gain’ or an alleged ‘benefit from criminal conduct’.

In these cases the Crown Prosecutors go back six years and a Prosecutors Statement of information is served following conviction – commonly referred to as a ‘red book’.

Schedule One of the Statement of Information will summarise the Crown arguments based upon an alleged increase in assets. Known spending and bank withdrawals is examined. Estimated spending over the six year period is taken into account as is known income i.e. taxed income.Tables are then produced to show the ‘benefit’ figure. Example Mr A’s assets had increased by £20,000 over a six year period.

Mr A’s bank Withdrawals over the same period were £20,000. Mr A’s estimated spending over the six year period was £40,000 (via the Office of National Statistics). Mr A’s income as displayed by the Inland Revenue is £50,000.

The Crown will allege that Mr A has only earned £50,000 yet seems to have spent £80,000 over the same period. Accordingly, the Crown will allege that £30,000 has been made as a ‘benefit from criminal conduct’.

Liam O’Donnell & Co always employ an expert witness namely a forensic accountant to examine the Crown figures. This can make a big difference both in attacking the benefit figure and in reducing the ‘available amount’ figure.The Crown will engage in discussion and listen to reasoned argument meaning that these cases always settle in a manner suitable to all parties.

We were instructed in the widely reported case of a convicted drug dealer who was pursued for £150,000. Following our involvement and negotiation, a criminal confiscation order was made for the sum of £1.

If you are to be the subject of an application for Criminal Confiscation and wish advise please do not hesitate to contact us. The first interview is free.

Civil Recovery Cases

The Civil Recovery Unit is responsible for the implementation of Civil Recovery and cash forfeiture in Scotland.

They can intervene in any case where police officers have found an individual to be in possession of a sum of cash on excess of £1000.

Generally the cash will be seized and if there are to be criminal charges. The Procurator Fiscal makes an application to a local Sheriff for a three month detention order in order that the source of the cash can be investigated.

The important factor is the source of the money although intended use can also be a factor.

Generally the three month detention order happens in private within the court room and it is them for the owner of the money to instruct a solicitor to negotiate with the Civil Recovery Unit as to its return.

If a person can show that the source of the funds is legitimate the money will generally be returned.

Civil Recovery cases are becoming more and more frequent.

We are very familiar with these cases and regularly negotiate with the Civil Recovery Unit which handles these cases for the Scottish Government.

We have a good working relationship with the Civil Recovery Unit and if you require advice or guidance in relation to detention of your money then please contact us for initial advice.

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