Hidden Assets & Tainted Gifts in POCA Confiscation Proceedings

Introduction

This is a confusing area of POCA which has in the past been seen as a free for all for the Crown, or borderline indefensible in defence. It is not.

In this virtual classroom seminar, you will learn precisely where the law stands on this area, and how best to either make or respond to confiscation applications incorporating such assertions.

The session will enable you understand the route by which the Crown can deem assets no longer in the Defendant’s hands as part his recoverable amount by recourse to hidden assets or tainted gifts.

What You Will Learn

This live and interactive broadcast will cover the following:

• The origin of hidden assets and tainted gifts
• Challenging the value of tainted gifts
• Challenging whether it was in fact a gift
• Where the burden lies/shifts in a hidden assets case
• The Court of Appeal’s guidance as to how a judge exercises discretion in a hidden assets decision

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.