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UK Confiscation Order Ruling Is A Win For Prosecutors

Law360 (May 15, 2019, 1:42 PM EDT) -- Of all the criticisms that might be leveled at the Proceeds of Crime Act 2002, lack of litigious possibility is not one of them. As POCA approaches its 17th birthday, defendants continue to find points to take, whereas the courts continue to produce rulings which ensure that POCA remains the statutory gift that keeps on giving (or taking, depending on which side you find yourself).

To recap the basics: a confiscation order can be made following conviction, either at the application of a prosecutor or on the court’s own initiative, in order to deprive the offender of the benefit of his...

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