Confiscation Orders & Regulatory Crime - With Kennedy Talbot KC

Introduction

The Proceeds of Crime Act 2002 has now been in force for 18 years, but it is only recently that the Court of Appeal has begun to look carefully at whether and how confiscation orders can be made in business crime or regulatory cases.

In recent years there has been an increase in the use of regulatory prosecutions for the purpose of confiscation sanctions as local enforcement authorities (local councils and government agencies in particular) recognise the deterrent potential of substantial orders well in excess of fine guidelines and which permit realisations to be retained by the authority.

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.

It will also touch upon associate POCA risks under the civil bank account forfeiture provisions.

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-licensing 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?
• The authorities’ alternative - bank account forfeiture

This webinar was recorded on 17th May 2021