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Confiscation, Civil Recovery & Asset Forfeiture

Chambers has a long established tradition of expertise within the areas of asset recovery, civil fraud and confiscation and our dedicated team of barristers are able to navigate their way through this technical and ever evolving world from advice to representation at all levels.

We frequently appear in matters of Restraint, providing advice and assistance at every stage, Civil Recovery Orders and Cash Forfeiture Orders. We are repeatedly instructed in post-conviction confiscation matters where benefit figures and the value of realisable assets are in contention.

Recent Cases

  • R v M [Inner London] 2017

    Confiscation Proceedings

    Aska Fujita prosecuted confiscation proceedings following the defendant’s guilty plea to a car-ringing conspiracy worth over £750,000. Instructed by the CPS.

  • R v KW [Leamington Spa] 2017

    Enforcement of EU financial penalties

    Phoebe Bragg submitted a successful appeal against the cross enforcement of EU financial penalties (Austria) in the UK following legal argument regarding principles of EU law and ECHR principles on the right of appeal

  • R v Mote [Southwark] 2016

    Confiscation proceedings following fraud trial

    Aska Fujita represented an ex-MEP in confiscation proceedings following his conviction of offences of fraud and money laundering. The case involved complex legal issues in relation to the impact of a trust on the benefit and available amount. Instructed by Sternberg Reed. Daily Mail report here.

  • R v. B [Southwark] 2016

    Confiscation Proceedings following Mortage Fraud

    Senghin Kong led by Jonathan Goldberg QC in confiscation proceedings on behalf of a defendant who had pleaded guilty to mortgage fraud. The benefit figure claimed by the prosecution was reduced from over £1.8 million (the value of the frauds to which the defendant pleaded guilty) to less than £140,000 following negotiation. Instructed by Burton Copeland.

  • Appeal Re: F 2016

    Appeal of Confiscation Order

    Senghin Kong represented the Appellant at his successful appeal against a confiscation order and was commended by Davis LJ on the clarity of his written and oral submissions. The Crown had successfully argued below that debts incurred solely by the Appellant but secured on his family home should be paid from the proceeds of sale before division between the Appellant and his wife who shared the beneficial interest in the property equally. On appeal, the Crown conceded that this was wrong and the Court of Appeal held that these debts should be paid out of the Appellant’s share of the proceeds of sale as to hold otherwise would lead to a disproportionate result.

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