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0161 243 0595
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
Certified Cryptocurrency Investigators
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We can help you with your confiscation order
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.
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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.
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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.
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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 statement tends to be on a standard template which sets out the background to the matter, the defendant's Benefit and Available Amount.
Benefit from particular and general criminal conduct
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.
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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.
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The burden of proof lies with the defendant.
Available Amount
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').
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The available amount is equal to the total benefit, unless the defendant can prove that it is less than the benefit obtained.
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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.
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
T: 0161 243 0595
E: rob.miller@inquestaforensic.co.uk
Rob is a Chartered Accountant and a member of the Insitute of Chartered Accountants in England and Wales (ICAEW). Rob is also a practising member of The Academy of Experts and a Certified Cryptocurrency Investigator.
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He has been instructed on many cases involving Proceeds of Crime and confiscation, preparing expert forensic accounting reports and giving evidence in Court.
Contact Us
St John's Terrace
11 - 15 New Road
Manchester
M26 1LS
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