POCA Benefit Figure Reduced by £691,419

Our client pleaded guilty on a basis to a conspiracy to supply class A drugs. The conspiracy was said to be worth over £9 million and involved the wholesale importation and supply of cocaine, heroin, MDMA, diazepam, and ethylhexedrone. Following his sentence, POCA proceedings were initiated against our client.

Proceeds of Crime Proceedings

The prosecution alleged that our client had a benefit figure of £773,889 and an available amount of £2,000.

The benefit figure was made up of the valuation of the drugs (£690,119.00), unexplained cash credits and transfers (£79,770.00) and expenditure (£4000).

Our client received a cash income, which was declared to HMRC. We argued that the amount declared should be deducted from the value of the unexplained cash credits. We also pointed out that one cash credit was clearly a banking error and had been debited shortly after its mistaken transfer to our client’s account.

Our Submissions

Importantly, we argued that the defendant did not benefit from the value of the drugs. We argued that he had a bespoke role in the conspiracy for which he received wages only.

The defendant’s available amount was in relation to his vehicle, for which we obtained a defence valuation. The prosecution agreed to our lower valuation, which reduced the defendant’s available amount to £1,796.

The Outcome

After some Counsel to Counsel negotiation and submission of a s17 response, the prosecution accepted our arguments and reduced the defendant’s benefit figure to £82,470, a reduction of £691,419.

The client was extremely happy to have an available amount and benefit figure that reflected his role in the conspiracy and that he is able to pay off in his lifetime.

Amy Cox was the solicitor with conduct of this case. She was assisted by Phoebe Coleman. Emma Goodall KC of Doughty Street Chambers and Nick Cockrell of 7 Harrington Street were instructed Counsel.