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We can help you with your confiscation order
Experts in Defending Confiscation Orders
Experienced Accounting Expert Witnesses
Ability to Analyse Large Volumes of Data
Work with Leading Criminal Defence Solicitors
Legal Aid accepted
Experienced at giving evidence in Court
Academy of Experts accredited
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Welcome to POCA Accountants
We are forensic accountants who work with some of the UK's leading criminal defence solicitors, specialising in defence of confiscation proceedings and financial crime
Potentially reduce the benefit and available amount
Detailed analysis of financial data
Provide expert evidence in Court
How can we help?
In many confiscation proceedings, the use of a forensic accountant is vital.
As forensic accountants we understand POCA and are able to analyse and untangle large sets of data, linking the flow of monies between various accounts and proving its source.
Inquesta is instructed on around 60 POCA cases per year and has saved defendants millions of pounds which would have had to be paid if the case had not been defended.
We are experienced in providing CPR compliant expert reports and our experts have given evidence in court on many occasions
Our work typically involves:
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Inputting and analysing financial data
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Meeting with the defendant
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Liaising with instructing solicitors and counsel
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Re-calculating the benefit and available amount as appropriate
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Negotiating with the prosecution's financial investigator
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Preparing a detailed expert report which is compliant with Court Procedure Rules
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Attending court to give evidence
We will take cases which are either funded by the Legal Aid or are self funded. Contact us for a quote
What is a confiscation order?
Proceeds of Crime Act 2002
Confiscation proceedings are brought following a conviction for an offence where there has been a financial gain.
From an accounting perspective, the first stage of the process is for the prosecution to serve a Section 16 Statement of Information.
The Section 16 statements tends to be on a standard template which sets out the background to the matter, the defendant's Benefit and Available Amount.
The 'benefit' obtained by the defendant is defined either in terms of a specific crime or on the assumption that he has a criminal lifestyle.
If it is deemed that the defendant has a criminal lifestyle, certain assumptions are applied, which means that the defendant's assets, income and expenditure over the previous 6 years can be included in the benefit calculation, unless he can prove otherwise.
The burden of proof lies with the defendant.
Benefit from particular and general criminal conduct
If the court decides that the defendant has benefited from particular and general criminal conduct, and accepts the figures put forward by the prosecution, it then has to assess the realisable amount (also known as 'Available Amount').
The available amount is equal to the total benefit, unless the defendant can prove that it is less than the benefit obtained.
Whilst a defendant can only be made to pay the assets that he has, it is commonly claimed that he has hidden the benefit of his crime and his assets are assessed as considerably higher than those available for confiscation.
Available Amount
The defendant must prove that the amounts assessed by the prosecution are wrong and, in many cases this proof can lie solely with the evidence of a forensic accountant.
Our team
Rob Miller is a director of Inquesta.
He has many years experience in dealing in Confiscation Proceedings.
He has acted on over 150 cases and deals with some of the leading criminal defence solicitors in the UK.
Rob is a Chartered Accountant, member of the Institute of Chartered Accountants in England & Wales and a practising member of the Academy of Experts.
Rob's experience includes acting on a wide range of cases, including criminal defence, commercial disputes and matrimonial matters.
Rob Miller
T: 0161 359 4591
Tim Keeling commenced work in 1995, specialising in forensic accounting services.
Tim heads up the criminal dispute division of Inquesta, which deals in a large range of matters annually, including a considerable amount of criminal defence work for solicitors across the length and breadth of the UK.
In the last 3 years, Tim has worked on in excess of 100 criminal defence assignments. Examples of the work undertaken include:
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Proceeds of Crime confiscation orders
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Consideration of lifestyle and sources of income in mortgage fraud cases
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Reconstruction of accounts/taxable income in tax investigation matters
Mark Holdsworth is a Senior Manager at Inquesta.
He is an Associate Member of the Association of Certified Fraud Examiners (ACFE), a Certified Fraud Examiner (CFE) and a fellow member of the Association of Accounting Technicians (FMAAT).
Mark is also a Practising Associate of the Academy of Experts.
Mark has over 14 years experience as a multi-disciplined forensic accountant and, in the last 4 years, has worked exclusively on financial crime matters assisting defence.
Mark undertakes anywhere between 25 and 40 criminal assignments per annum, including considering Proceeds of Crime confiscation orders.
T: 0161 302 8081
Mark Holdsworth
Contact Us
St John's Terrace
11 - 15 New Road
Manchester
M26 1LS
Princes Exchange
Princes Square
Leeds
LS1 4HY