Confiscation and 'abuse of process'

I have written a rather technical article on my blog HERE concerning confiscation and 'abuse of process'.  It is not a topic likely to be of interest to most accountants, so I will not repeat it on this site.

In essence there are certain limited circumstances in which the court will stay (i.e. stop) confiscation proceedings because - although they are in accordance with the letter of the law - they would be oppressive in a manner which is not intended by the legislation and is not in the public interest.

Instances in which confiscation is 'stayed' in this way will be relatively rare.  However in some circumstances a well advised convicted defendant may be able to forestall confiscation proceedings by taking appropriate action to render such proceedings an abuse of process (and certain convicted former MPs may have done this).

David

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Group: Money laundering and crime
A group for discussing issues relating to suspected money laundering and other crime