Confiscation Proceedings

Forensic Accounting Services has considerable experience of working on assignments involving applications made for the confiscation of the proceeds of crime.

Sometimes we are instructed by the party who is making the application – for example, the police – and on other occasions we are instructed on behalf of the person against whom the application is being made.

Preparation of a Confiscation Proceedings Application

If instructed to assist in the preparation of an application then our aim is to help set out the financial aspects which support the claim, providing evidence which clearly establishes a link between the crime and the alleged proceeds and benefits which arose from it. Based on our wide experience of dealing with tax investigations, the work here may well involve a review of the person’s lifestyle and assets to show that they would have been unable to afford them without recourse to proceeds from crime.

Review of a Confiscation Proceedings Application

In those instances where we are instructed to review applications for confiscation, we will review in detail the basis on which the claim is made and seek to identify and obtain evidence for legitimate income and assets acquired from that income. There are occasions when the application is simply the total of all bankings made into various bank accounts operated by the defendant and we often identify overstatements of the amount involved because transfers of the same funds between different accounts have been double-counted.

Thinking outside the box

Often, we are required to ‘think outside the box’ and be creative in what sources of evidence can be obtained to support the Confiscation Proceedings case. This is especially true when accounting and related financial records are no longer, or have never been, available.

The types of information which might be useful are very much dependent on the nature of the case itself and the key drivers behind a person’s finances, and this often requires us to obtain a detailed understanding of their lifestyle.

In previous assignments, for example, relevant evidence for our reports has included such diverse items as witness statements; personal diaries; stock lists obtained from suppliers; press cuttings; magazine articles and photographs; technical drawings; and holiday snaps from family albums. Indeed, anything which explains why the numbers became those numbers, and not other numbers.

For more information, or to arrange an initial meeting to discuss a specific issue, please contact us.