One of the lesser known, often poorly understood provisions of the confiscation regime under the Proceeds of Crime Act 2002 (POCA) is section 22, which provides an opportunity to the prosecutor to invite a ‘reconsideration of the available amount’. For many defendants who have been through the process, had an order made and in many cases satisfied that order in full, the first they have heard of that section is the letter informing them that such an application is to be made.
The shock of a criminal conviction, and/or a harsher than expected sentence, can make it hard to think clearly about the options for what to do next. Where a trial and mitigation has been carefully and properly prepared, the advisers who have helped throughout the case will usually be the best placed to say whether there are grounds for an appeal. In some cases the defendants and their family members will want to take a second opinion, but this is never cheap or easy, and time is always of the essence.
The so-called “Troika Laundromat” fraud, uncovered after one of the largest banking information leaks ever, highlights the ever-growing importance for those within the regulated sector to implement robust customer due diligence (“CDD”) policies which are tailored to the specific money laundering risks posed by their customers.