The Civil Litigation Option

Proceeds Of FraudThe Proceeds of Crime Act 2002 received Royal Assent on 24 July 2002 and has resulted in numerous implications for UK law concerning the confiscation or civil recovery of the proceeds from crime. Indeed, the Act accounts for a wide range of matters in this region, covering confiscation orders against convicted individuals, civil recovery of proceeds of crime from individuals not convicted, taxation of profits derived from crime, legislation intended to tackle money-laundering, and powers to investigate suspected proceeds of crime.

The fine for benefit fraud, called an Administrative Penalty, amounts to around 30% of the total quantity owed. This fine is imposed on the accused with no negotiation, on top rated of the complete amount they owe. The accused does not have to admit their guilt to be provided the solution of a fine this typically happens if the Department of Operate and Pensions believes there is enough evidence for the matter to proceed to court.

Asset disclosure order An ancillary order requiring a respondent to disclose the worth and place of their assets is regularly produced, 18 especially exactly where a prima facie case of fraud is shown. Rule 260B(two)(a) of the UCPR makes provision for this variety of order, and it is reflected in the terms of the pro-forma order in the practice direction (para eight and 9).

The authorization to conduct the investigation will expire in 120 days. If, at the finish of 120 days a major investigation (PI) is not elevated to a topic criminal investigation (SCI), and CI wants to continue the investigation, the authorization must be renewed. If an SCI(s) is numbered, then the authorization will be in impact until the conclusion of the criminal investigation.

No matter what the precise situations, each case comes down to analyzing and difficult the proof against you. Building your case to assistance your position. Because of his practical experience on each sides of the courtroom, Sam knows how to pursue your personal investigations to uncover the facts that will strengthen your case and cast affordable doubt upon on the prosecution’s version of events.