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Confiscation, civil recovery and asset forfeiture

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US Congress to tackle anticorruption legislation, including bill to outlaw foreign bribe solicitation

US Congress to tackle anticorruption legislation, including bill to outlaw foreign bribe solicitation

The following Corporate Crime news provides comprehensive and up to date legal information on US Congress to tackle anticorruption legislation, including bill to outlaw foreign bribe solicitation

UK's tax gap hits US$48bn, fueled heavily by fraud, studies say

UK's tax gap hits US$48bn, fueled heavily by fraud, studies say

The following Corporate Crime news provides comprehensive and up to date legal information on UK's tax gap hits US$48bn, fueled heavily by fraud, studies say

OFAC settlement extends sanctions reach beyond US dollar

OFAC settlement extends sanctions reach beyond US dollar

The following Corporate Crime news provides comprehensive and up to date legal information on OFAC settlement extends sanctions reach beyond US dollar

Beazley’s cyber claims expert cites ransomware spike

Beazley’s cyber claims expert cites ransomware spike

The following Corporate Crime news provides comprehensive and up to date legal information on Beazley’s cyber claims expert cites ransomware spike

Featured Corporate Crime content

Common assault and battery

Common assault and battery

Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...

Conspiracy to defraud

Conspiracy to defraud

Conspiracy to defraudOffence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of...

Criminal damage

Criminal damage

Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence...

Practice notes

Possession with intent to supply

Possession with intent to supplyPossession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes

Absolute and conditional discharge

Absolute and conditional dischargeThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
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Practice notes

Automatism

AutomatismDefinition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or...
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19th May
Practice notes

What happens when a client receives a custodial sentence?

What happens when a client receives a custodial sentence?This Practice Note reflects the procedural code for sentencing offenders in England and Wales...
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Produced in partnership with Flora Page of 23 Essex Street 19th May
Practice notes

Community order requirements

Community order requirementsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes

Threats to kill

Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
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19th May
Practice notes

Privilege against self-incrimination

Privilege against self-incriminationBackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 19th May
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Practice notes

Defence disclosure in criminal proceedings—defence statements and defence witness notices

Defence disclosure in criminal proceedings—defence statements and defence witness noticesThe Criminal Procedure and Investigations Act 1996 (CPIA...
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Produced in partnership with Hannah Thomas of 2 Hare Court and David McNeill of 5 St Andrew's Hill 19th May
Practice notes

Indecent images of children

Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...
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19th May
Practice notes

Applying for the return of seized cash

Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
Practice notes

False accounting and false statements under TA 1968

False accounting and false statements under TA 1968False accountingA person who falsifies or conceals information required for an accounting purpose,...
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19th May
Practice notes

Fraud by failure to disclose and abuse of position

Fraud by failure to disclose and abuse of positionFraud by failure to disclose information while under a legal duty to do so An offence of fraud by...
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19th May
Practice notes

Controlling or coercive behaviour offences

Controlling or coercive behaviour offencesWhat is domestic abuse?There is no statutory offence of domestic violence or domestic abuse, however, it...
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19th May
Practice notes

NMC disciplinary process

NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes

Witness intimidation

Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes

Extreme pornography

Extreme pornographyPossessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and...
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19th May

Most recent Confiscation, civil recovery and asset forfeiture content

Practice notes

Applying for the return of seized cash

Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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23rd Aug
Practice notes

POCA Investigation Orders—criminal investigations procedure

POCA Investigation Orders—criminal investigations procedureInvestigatory orders available under POCA 2002, Pt 8The orders available under the Part 8...
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23rd Aug
Practice notes

Enforcement of confiscation orders

Enforcement of confiscation ordersStatus of a confiscation orderTechnically, a confiscation order is an order to pay a sum of money to the state;...
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Produced in partnership with Quinton Newcomb of FOUR Law &. Investigations Ltd 23rd Aug
Practice notes

Production orders under the Proceeds of Crime Act 2002

Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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23rd Aug
Practice notes

Recovery of listed assets under the Proceeds of Crime Act 2002

Recovery of listed assets under the Proceeds of Crime Act 2002Chapter 3A to the Proceeds of Crime Act 2002 (POCA 2002) (added by section 15 of the...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 23rd Aug
Practice notes

Forfeiture of cash without court order

Forfeiture of cash without court orderThis Practice Note explains the process for obtaining the forfeiture of cash under the sections 297A, 297B,...
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23rd Aug
Practice notes

Compliance orders made in conjunction with confiscation orders

Compliance orders made in conjunction with confiscation ordersPower to make a compliance orderSince 1 June 2015, a court imposing a confiscation order...
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22nd Aug
Practice notes

Account monitoring orders under the Proceeds of Crime Act 2002

Account monitoring orders under the Proceeds of Crime Act 2002Account monitoring ordersAn account monitoring order allows an investigator to monitor...
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22nd Aug
Practice notes

Customer information orders under the Proceeds of Crime Act 2002

Customer information orders under the Proceeds of Crime Act 2002Customer information ordersA customer information order requires a financial...
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22nd Aug
Practice notes

Confiscation under the Proceeds of Crime Act 2002

Confiscation under the Proceeds of Crime Act 2002This Practice Note considers the purposes of and procedure applicable to confiscation under the...
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22nd Aug
Practice notes

Postponement of confiscation proceedings

Postponement of confiscation proceedingsPostponement and sentenceThe court should usually make the confiscation order before the defendant is...
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22nd Aug
Practice notes

Appeals in confiscation proceedings under the Proceeds of Crime Act 2002

Appeals in confiscation proceedings under the Proceeds of Crime Act 2002A confiscation order constitutes a sentence for the purposes of appeal....
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Produced in partnership with BCL Burton Copeland 22nd Aug
Practice notes

Reconsideration of the available amount and revised confiscation orders under section 22 of POCA 2002

Reconsideration of the available amount and revised confiscation orders under section 22 of POCA 2002A defendant, prosecutor, or an appointed receiver...
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22nd Aug
Practice notes

Disclosure orders under the Proceeds of Crime Act 2002

Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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22nd Aug
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Practice notes

Appointment of receivers in restraint proceedings

Appointment of receivers in restraint proceedingsAppointment of receivers in restraint proceedingsFor information on restraint orders, the applicable...
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Produced in partnership with Aziz Rahman of Rahman Ravelli 22nd Aug
Practice notes

Determining the recoverable amount (benefit and available amount) under POCA 2002

Determining the recoverable amount (benefit and available amount) under POCA 2002If the court decides the defendant has benefited from general or...
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Produced in partnership with Quinton Newcomb of FOUR Law &. Investigations Ltd 18th Aug
Practice notes

Civil recovery under POCA 2002—procedure

Civil recovery under POCA 2002—procedureProcedural RulesThis Practice Note covers the process and procedure for making and resisting applications for...
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11th Aug
Practice notes

Confiscation step 1: Does the defendant have a criminal lifestyle?

Confiscation step 1: Does the defendant have a criminal lifestyle?Upon receipt of an application from the prosecution for a confiscation order, or on...
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11th Aug
Practice notes

Breach of restraint order and perverting the course of justice

Breach of restraint order and perverting the course of justiceBreach of restraint orderA breach of a restraint order under section 41 of the Proceeds...
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Produced in partnership with Azizur Rahman of Rahman Ravelli 11th Aug
Practice notes

Tainted gifts in confiscation proceedings

Tainted gifts in confiscation proceedingsTainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to...
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11th Aug

Popular documents

Common financial covenants

Common financial covenants

Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be