Craig Kennedy is Head of the Fraud, Investigations and Business Crime Team at Maclay Murray & Spens LLP, a full service law firm with offices in Edinburgh, Glasgow, Aberdeen and London. He is an award winning Accredited Counter Fraud Specialist with a particular interest in cyber crime, asset tracing and civil recoveries. Craig is an experienced civil litigator and has a wealth of experience of advising domestic and international clients on high value, complex, cross border white collar crime matters.
Craig regularly advises clients on the proactive steps that can and should be taken by businesses to mitigate the ever increasing threat posed by cyber crime. He also has experience of advising clients in the immediate aftermath of a cyber attack on the steps that should be taken to respond to the attack and manage the litigation/regulatory risks presented by it.
Maclay Murray & Spens LLP is a member of Lex Mundi (a global network of leading firms) covering 160 jurisdictions worldwide. Craig is an active member of the Business Crimes and Compliance Group of Lex Mundi and has also recently been invited to participate in a UK wide Cyber Crime Working Group.
This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under section 244 of the Proceeds of Crime Act 2002. It considers what civil recovery orders are and when they can be obtained, what is and what is not recoverable property, interim administration orders and prohibitory property orders (PPOs), together with PPO receivers.
This Practice Note outlines the confiscation procedure contained in the Proceeds of Crime Act 2002 (POCA 2002) insofar as it is applicable to Scotland. It covers the statutory regime applicable to confiscation in Scotland, contained within POCA 2002, Pt 3, including: when a confiscation order can be made under the Scottish provisions of POCA 2002, s 92, how the court makes the confiscation order, postponement of confiscation proceedings, enforcement including the appointment of enforcement administrators, the treatment of the family home in confiscation proceedings in Scotland, the time to pay provisions and restraint orders.
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