The majority of prosecutions in the UK for white-collar crimes are brought against individuals and not companies, even where the conduct constituting the crime was performed in the name of a company. If the individuals are convicted, however, confiscation proceedings will frequently address whether the company should have its turnover and assets confiscated, notwithstanding that […]
When can a non-defendant company have its assets confiscated? The majority of prosecutions in the UK for white-collar crimes are brought against individuals and not companies, even where the conduct constituting the crime was performed in the name of a company. If the individuals are convicted, however, confiscation proceedings will frequently address whether the company […]
We first saw the issue of proportionality gain prominence in the case of R v Waya [2012] UKSC 51, when it was held that a confiscation order could not be made if it was deemed to be ‘disproportionate’ (a word which many would argue summed up the Proceeds of Crime Act 2002 (“POCA”) perfectly). Last […]