Minimum confiscation order for POCA Fraud Client

Case study summary

We ensured that our client received the minimum confiscation order following his conviction for fraud offences, to which he had originally pleaded guilty. This ensured that he did not spend any further time in prison.

Case study

Our client had pleaded guilty to fraud offences after stealing money from his former employers and was serving a term of imprisonment in relation to this. He was then the subject of Proceeds of Crime Act (POCA) proceedings within which the prosecution attempted to recoup money from him.

What the prosecution had failed to realise, however, is that our client was already subject to civil proceedings initiated by his former employers and any additional payment ordered by the criminal courts would mean that he owed much more than he actually took in the first place.

We presented this evidence to the court and the prosecution subsequently changed their stance on the POCA. The court eventually made an order to pay only £1. Our client is now able to serve the remainder of his sentence without fear of further prosecution.