When a Defendant faces confiscation proceedings following conviction, the court will be seeking to address three questions:
- Has the Defendant benefitted from his criminal conduct?
- What is the value of the benefit obtained?
- What is the value of the available assets that can be recovered?
The rules for determining the answers to these questions are often seen as draconian, particularly where the Defendant is deemed to have a criminal lifestyle. The onus is firmly on the Defendant to deomonstrate that income, assets and spending derive from legitimate rather than criminal activities.
DTE has extensive experience of providing expert evidence in confiscation proceedings, including appearing in Court on a number of occasions.