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Civil recovery, mixed funds and the effect of an acquittal

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Published on: 23 May 2013

Published by a LexisNexis Corporate Crime expert

Table of contents

Original news
What is the significance of this judgment?
How does it further our understanding of recoverable property and the Proceeds of Crime Act 2002, s 304?
What are the challenges for SOCA and a defendant regarding whether property was obtained through unlawful conduct?
Under what circumstances can a recovery order be made? What can be learnt from this case?
The defendant had been acquitted abroad of money-laundering relating to one the alleged frauds—what impact does an acquittal have on civil recovery proceedings?
What should lawyers do next?

Article summary

Crime analysis: What needs to be established for a court to make a civil recovery order in respect of the proceeds of crime and what is the effect of an acquittal in criminal proceedings? Barrister James Fletcher, of 5 St Andrews Hill, answers those questions in the light of a recent High Court judgment.

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