POCA Success: Benefit figure reduced by £3/4 million with lifestyle assumptions and ‘hidden assets’ avoided

Our client’s confiscation proceedings re-started in the Crown Court following the prosecution appeal and seminal Court of Appeal decision - R v Luxton [2024] EWCA Crim 340.

At the final hearing, the prosecution asserted a benefit figure of £2.1 million, which included £1.4 million as the benefit from conviction and remainer assumed from our client’s ‘criminal lifestyle’. It claimed our client had available £613k, which included a 100% interest in real property and ‘hidden assets’ of £219k.

A successful outcome was negotiated that resulted in the prosecution agreeing to a benefit figure of £1.4 million and that the lifestyle assumptions should not apply. It conceded there were no ‘hidden assets’ and our client’s father had a 25% interest in the real property meaning the available amount was £290k with 2 years in prison set in default of payment.

Our client and his father, who we also represented, were naturally delighted with this outcome and efforts of their legal team.

David Bloom instructed Nathaniel Rudolf KC of 25 Bedford Row Chambers and Barnaby Hone of 5 St. Andrew Hill Chambers for the interested party