Confiscation Orders & Regulatory Crime - An Update with Kennedy Talbot QC
The Proceeds of Crime Act 2002 has been in force for more than 15 years, but it is only recently that the Court of Appeal has began to look carefully at whether and how confiscation orders can be made in business crime or regulatory cases.
This webinar will explore the role of confiscation and restraint orders in the context of regulated businesses where the business activity is essentially lawful but a criminal prosecution exposes the business to a risk of conviction and an application for a confiscation order.
What You Will Learn
This webinar will cover the following:
- How benefit from crime is calculated in business crime/regulatory cases
- Is there a special category for regulatory cases?
- How does confiscation fit in with un-licensed trading cases?
- Is confiscation affected by the business being carried out through a corporate entity?
- Can corporate assets be treated as available for confiscation if only the directors are prosecuted?
- Avoiding and managing restraint of assets
- Does proportionality have a role to play?