Proceeds of Crime Scotland Defence team

Proceeds of Crime

If you have been acquitted of a criminal offence, the Lord Advocate can pursue you financially under the Proceeds of Crime Act. To avoid potentially losing your home and savings you ought to seek legal advice from our experienced expert team.
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Proceeds of Crime cases in Scotland are governed by the proceeds of Crime Act 2002. We are regularly instructed in Proceeds of Crime cases throughout Scotland and we are recognised as a leading firm in this field. There are two different types of case which arise: Confiscation and Civil Recovery.

We have a good working relationship with the Civil Recovery Unit and if you require advice or guidance in relation to detention of your money then please contact us for initial advice.

To speak with one of our experts, simply call us today. Alternatively, complete the contact form below and we will get in touch with you.

Example A

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Case taken on by Bridge Litigation

June 2014

Confiscation cases are pursued by the Procurator Fiscal following a criminal conviction where there has been ‘financial gain’ or an alleged ‘benefit from criminal conduct’. In these cases the Crown Prosecutors go back six years and a Prosecutors Statement of Information is served following conviction – commonly referred to as a ‘red book’. Schedule One of the Statement of Information will summarise the Crown arguments based upon an alleged increase in assets. Known spending and bank withdrawals are examined. Estimated spending over the six year period is taken into account as is known income i.e. taxed income. Tables are then produced to show the ‘benefit’ figure.

Bridge Litigation always employ an expert witness namely a forensic accountant to examine the Crown figures. This can make a big difference both in attacking the benefit figure and in reducing the ‘available amount’ figure. The Crown will engage in discussion and listen to reasoned argument to try and settle the case in a manner suitable to all parties. We were instructed in the widely reported case of a convicted drug dealer who was pursued for £150,000. Following our involvement and negotiation, a criminal confiscation order was made for the sum of £1.

Outcome: Client retained finances

Information

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Civil Recovery information

The Civil Recovery Unit is responsible for the implementation of Civil Recovery and cash forfeiture in Scotland. They can intervene in any case where police officers have found an individual to be in possession of a sum of cash in excess of £1,000. Generally the cash will be seized and if there are to be criminal charges, the Procurator Fiscal makes an application to a local Sheriff for a three month detention order in order that the source of the cash can be investigated. The important factor is the source of the money although intended use can also be a factor. Generally the three month detention order happens in private within the court room and it is then for the owner of the money to instruct a solicitor to negotiate with the Civil Recovery Unit as to its return. If a person can show that the source of the funds is legitimate the money will generally be returned. Civil Recovery cases are becoming more and more frequent. We are very familiar with these cases and regularly negotiate with the Civil Recovery Unit which handles these cases for the Scottish Government. We have a good working relationship with the Civil Recovery Unit and if you require advice or guidance in relation to detention of your money then please contact us for initial advice.

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