Mr R had already pleaded guilty to conspiracy to supply Class C drugs and as a result the prosecution had requested that the court proceeded to confiscate under the Proceeds of Crime Act. The offence which Mr R had been convicted of was considered to be a lifestyle offence and as such any property obtained in the period six years before the date of arrest, any property held at the date of arrest, any expenditure occurred in the six years prior to the date of arrest are all deemed to come from his activities unless it can clearly be shown that the result is from legitimate resources.
The prosecution’s calculation of the available benefit was just short of £560,000. We were able to establish that significant sums of Mr R’s income were derived from legitimate business sources including rental of properties and trade.
It also became quite apparent that Mr R bought and sold a number of properties and also raised mortgages and remortgages on these properties and we were able to follow the paper trail to establish the provenance of significant transactions that had gone through his bank account and also to show that his legitimate sources of income were sufficient to meet his lifestyle including the acquisitions on the various properties and the repayment of the mortgages.
On the basis of the details contained in our report the barristers were able to reach settlement with the recovery agents on the courtroom steps for the confiscated amount of £60,000 compared to the £560,000 which they were originally looking to confiscate.