Gemma Tombs offers expertise in a wide variety of criminal and regulatory matters.
Chambers UK 2015
"He takes a client-focused approach" and is "exceptionally personable"
Chambers UK 2018
At Corker Binning, Andrew Smith ‘is a first-class lawyer, and very user friendly’.
Legal 500 2015
"They move quickly and with an unprecedented thoroughness."
Chambers UK 2018
Our most highly regarded individual of the year: Peter Binning, co-founder of English firm Corker Binning. He has a “world-class reputation” for his fraud and regulatory litigation work and is “definitely the lawyer you would want in a crisis”.
International Who’s Who of Business Crime Defence Lawyers 2013
"He has seen both sides and understands what is achievable."
Chambers HNW 2017
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
"Niche and extremely powerful in their field and in everything they do. I think they have some of the leading people."
Chambers UK 2017
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:
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.
- Proportionality: the silver lining to the confiscation cloud
- Confiscation proceedings – lessons from R v Mahmood Court of Appeal judgment
- Corker Binning partner writes about confiscation proceedings for Halsbury’s Law Exchange
- R v Druce – why the truth alone is not always enough
- Post conviction in serious fraud cases
- Bail securities vs sureties – lessons from the Julian Assange case
- Confiscation – behind the headlines
Blog / News