Proceeds of Crime and Local Authorities
Course level: Introduction
CPD: 1
Date of recording: 20th July, 2011
The object of confiscation is a simple one – to deprive a criminal of their ill gotten gains. The confiscation regime has been around for decades, initially beginning with tightly focused legislation on one criminal activity before expanding into other activities as time and criminal practices evolved. This webinar clearly identifies the important legislation and provides a clear and comprehensive guide as to how Local Authorities can make the most effective use of the confiscation regime and incentivisation funds.
Aims/outcomes of this webinar
- To give an understanding of the Confiscation regime
- To explain how the recoverable amount is assessed
- To outline the enforcement procedure
- To Identify when to use Restraint Orders and for what purpose
- To explain the role and powers of different Receivers
- To explain the powers and process relating to Cash Forfeiture
- To clearly state the extent of the new powers granted to Local Authorities
- To explain how Local Authorities can benefit from the Incentivisation Scheme and the view of LACORS
Contents
1. Overview
2. The Confiscation Regime
3. The Object of Confiscation
4. The Prosecutors
5. Crown Court Must Proceed With Confiscation Enquiry Against a Defendant
6. Procedure
7. The Confiscation Hearing
8. Assessing the Recoverable Amount
9. Criminal Lifestyle – the Assumptions
10. The Confiscation Order – Enforcement
11. Pre conviction – Restraint Orders
12. Receivers
13. Who are receivers?
14. Managed Receivers – why appoint?
15. Capewell Guidelines
16. Powers of the Management Receivers
17. The Remuneration of the MR
18. Enforcement Receivers
19. Cash Forfeiture
20. Powers of Local Authorities
21. Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009
22. Accredited financial investigators
23. The Incentivisation Scheme
24. Why should LAs consider a proceeds of crime strategy – the View of LACORS
25. Important to note
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ABOUT THE PRESENTER
Warren Foot
Warren joined the firm in 1984, and heads our Proceeds of Crime team and is the senior office partner for London. He specialises in restraint and confiscation work, including civil recovery. He regularly acts on behalf of receivers appointed by the courts on the application of HM Revenue & Customs, the Crown Prosecution Service and the Serious Fraud Office under the Criminal Justice Act 1988, Drug Trafficking Act 1994 and Proceeds of Crime Act 2002. He has been involved in a number of the leading cases in this area.
Warren has conducted seminars on the role of the receiver and the impact of Proceeds of Crime Act 2002. He has acted for the Attorney-General of the Turks and Caicos Islands, an Overseas Territory, in proceedings in that territory relating to, amongst other things, money laundering prosecutions. Warren also advises on company disputes, particularly those relating to shareholders and the conduct of directors.
Warren is a member of the London Criminal Courts Solicitors Association and the International Bar Association.
In his spare time, Warren supports Millwall Football Club and holds a level 1 FA coaching badge.