Our services

  • They have got a fantastically strong team.

    Chambers UK 2016

  • The ‘exceptionally strong’ and ‘straightforward’ practice at Corker Binning continues to act for corporate and individual clients in the financial sector, with strengths in regulatory litigation, criminal fraud, and corporate crime.

    The Legal 500 UK 2017

  • The ‘extremely talented’ Robert Brown ‘always sees the bigger picture’.

    Legal 500 2015

  • David Corker ‘has the skill and tact to deal with difficult negotiations’.

    Legal 500 2015

  • The firm is "very attentive to the needs of the client, very thorough and responsive."

    Chambers HNW 2016

  • Peter Binning is ‘a seasoned expert, particularly in the field of international white-collar crime’.

    The Legal 500 UK 2017

  • Corker Binning is 'thriving'.

    Legal 500 UK 2012

  • "They're very well respected for their defence work. They provide an approachable boutique service, while also having the flexibility to respond quickly to changing circumstances and the capability to deal with large and complex investigations and prosecutions."

    Chambers UK 2017

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 2017:

chambers-2017
Top_tier_firms

David Corker – Band 1

Peter Binning – Band 1

Jessica Parker – Up and Coming

Andrew Smith – Band 3

  • Corker Binning is ranked in Band 1 of recommended firms for Financial Crime: Individuals by  Chambers 2017.
  • Corker Binning is ranked as a first tier firm for Fraud by Legal 500 2016 and David Corker and Peter Binning are named as leading individuals for Fraud.
  • David Corker and Peter Binning are the most highly regarded individuals in International Who’s Who of Business Crime Defence Lawyers 2016.