Our services

  • Jessica is described as "the complete package: bright, decisive and responsive.”

    Who’s Who Legal: Investigations 2017

  • "The firm is highly efficient, client-conscious, and you just get a great service and great back-up."

    Chambers HNW 2016

  • Fellow founder David Corker is a former police constable and his clients can expect “very good client management and care from an extremely bright lawyer.”

    Chambers UK 2012

  • Andrew Smith "has a wisdom beyond his years. He is very thoughtful. He acts on high-profile cases and keeps his cool in any situation."

    Chambers UK 2018

  • Jessica Parker is "incredibly talented".

    The Legal 500 UK 2017

  • The "absolutely phenomenal" Robert Brown is a criminal defence specialist who is "full of ideas, utterly committed to his clients, realistic in his advice and leaves no stone unturned in preparation."

    Chambers UK 2016

  • Jessica Parker is "very hard working and committed to her clients."

    Chambers UK 2018

  • David Corker is a seasoned criminal defence partner with extensive experience in domestic and cross-border fraud matters. Sources say he is "very highly regarded and able to think laterally, often coming up with surprising solutions to problems."

    Chambers UK 2016

Confiscation proceedings

Confiscation proceedings begin after a defendant is convicted of an offence which the prosecution alleges enabled him/her to obtain a valuable benefit – the proceeds of the crime.

By launching these confiscation proceedings, the prosecution aims to identify what this benefit is, value it in monetary terms and assert that the defendant is wealthy enough to pay this amount to the crown. The court’s role is to decide whether the prosecution’s case is, on a balance of probabilities, true and if so, to make a confiscation order. This requires the defendant to pay the amount within six months or face a prison sentence of up to 14 years, if the money is not paid.

These confiscation proceedings are often more complex and adversarial than those which led up to the defendant’s conviction. They are essentially civil law proceedings disguised as criminal. The defence is normally placed in a position where if it does not contest the prosecution’s case by making a positive case, including the defendant giving oral testimony, the outcome will be a confiscation order plus a long sentence of imprisonment, in default.

Lack of preparation and lack of attention to detail in confiscation proceedings can be disastrous. Read our blog on the hapless defendant whose lawyers failed to spot his peril.

At Corker Binning our confiscation lawyers are highly experienced in representing defendants facing confiscation proceedings. We understand the forces in play and can advise as to what should be done to undermine the prosecution’s contentions and fortify the defence. Because of our specialism in this field, we are sometimes instructed after conviction to take over the confiscation aspect of the case.

More

Our confiscation lawyers have recently advised on the following matters:

  • A halving of the amount of a confiscation order sought by the prosecution. Corker Binning had to satisfy the judge that the defendant was not concealing his true wealth and that his share of the fraud was far less than asserted. Our client was satisfied and paid the order.
  • Acting for a client who was served with a statement from the CPS asking the Court to make a confiscation order in the sum of £34 million. They claimed the amount he should pay consisted of assets hidden overseas and assets held in the UK. Following our investigation we were able to demonstrate to the Court’s satisfaction that he did not hold assets overseas or within the UK. As a consequence, a nominal order was made.

Named as key individuals in the field of Financial Crime: Individuals by Chambers UK 2018:

chambers-2017
Top_tier_firms

David Corker – Band 1

Peter Binning – Band 1

Jessica Parker – Band 4

Andrew Smith – Band 3

  • Corker Binning is ranked in Band 1 of recommended firms for Financial Crime: Individuals by  Chambers 2018.
  • Corker Binning is ranked as a first tier firm for Fraud by The Legal 500 2017 and David Corker and Peter Binning are named as leading individuals for Fraud.
  • Peter Binning, David Corker, Jessica Parker and Robert Brown are recognised as leading lawyers in Who’s Who Legal: Investigations 2018.