This criminal practice is noted as 'a team that handles challenging work very well,' as well as being 'tidy, efficient, and very intuitive.'
Chambers UK 2012
David Corker is ‘enormously experienced’ and ‘first class’.
Legal 500 2013
David Corker has a reputation for being “one of the cleverest solicitors practising."
Chambers UK 2014
"One of the firms at the forefront of the market representing individuals and companies. They are a compact, energetic, entrepreneurial firm who know what they're doing and have good partners."
Chambers UK 2017
“Very experienced and wise” star practitioner Robert Brown “is practical, sensible and knows exactly where to pitch it.”
Chambers UK 2012
Corker Binning is renowned for its expertise in criminal and regulatory litigation with criminal cartel investigations a further forte of the team.
Chambers UK 2012
Robert Brown provides a “Rolls-Royce service”.
Legal 500 2012
What the firm lacks in size, it more than makes up for in the experience and expertise of its practitioners, who cover all the key areas of financial and regulatory enforcement. Corker Binning regularly represents large corporations and high-profile individuals in FCA and SFO investigations and prosecutions and clients are impressed by the “sensational level of support on offer”.
Who’s Who Legal 100 2016
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:
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.
- 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
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