Expert Fraud Barrister

I have assisted clients in the most challenging fraud cases, securing favourable outcomes even where the case seems impossible. 

Strategic Approach

I give my clients the best chance to succeed by ensuring each and every avenue is tackled in the right way. I don't just build your case, but a robust strategy for your defence.

Proven Track Record

My job is to ensure my clients get the outcome they need. I do everything in my power to make that happen, and my past cases and experience are testament to that. 

Offences Relating to Asset Recovery and Confiscation Proceedings

Fraud cases are multi-layered and will regularly involve both a prosecution for the substantive crime and also proceedings for asset recovery or confiscation. Often in fraud cases, the argument will be made that the defendant has received financial benefit from their crimes and that these benefits should be recovered. Under the Proceeds of Crime Act 2002, assets can be confiscated or recovered.

Mark Kelly, Expert Asset Recovery and Confiscation Proceedings Offences Barrister

These proceedings can be very daunting for individuals and it is important that you are represented by someone with expertise in complex matters such as fraud.  High-quality representation is essential in order to safeguard your position.  For example, human rights arguments can be advanced under Article 1 of Protocol 1 to the European Convention on Human Rights which protects the right to property. 

Experience and Past Cases

Recent cases on this point have held that a confiscation order must be proportionate to the aim of recovering the proceeds of crime.  Arguments on these points are intricate and require experience to be made successfully. If you wish to discuss allegations made against you, please do not hesitate to get in touch with me directly. 

In terms of confiscation proceedings, these occur when there has been a conviction.  In England and Wales, a confiscation order can be considered if the defendant is convicted of an offence in the Crown Court or has been committed to the Crown Court for sentencing or for the consideration of a confiscation order. 

The Court will consider whether the defendant has a ‘criminal lifestyle’ when making the order.  If the defendant does have a criminal lifestyle, the Court will look at the benefit he or she has obtained from this general criminal conduct and will refer to certain assumptions set out in the Act. These assumptions include assuming that all property held by the defendant at any time in the six years before proceedings for the offence in question began were held as a result of general criminal conduct. 

In the event that the Court decides the defendant does not have a criminal lifestyle, the Court will examine how he or she has benefited from the particular criminal conduct in question (i.e. the crime committed).

There is also the option of reclaiming the proceeds of crime through civil proceedings as opposed to criminal proceedings.  This too is governed by the Proceeds of Crime Act and allows for recovery where there has not been a criminal conviction.  This allows for recovery of property obtained through unlawful conduct and involves proceedings before the High Court in England and Wales.  

Asset Recovery and Confiscation Proceedings Barrister London

Excellent legal representation is, therefore, the best way to protect your rights and tackle confiscation and asset recovery proceedings. Contact me directly to find out how I can help on 020 8108 7186.

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"A good, analytical lawyer. He worked incredibly hard and devised legal submissions which won the case."

Chambers & Partners 2017 - Rated as Band 2

Latest news

12 July 2018

The European Anti-Fraud Office (OLAF) is the body responsible for protecting the EU’s financial interests. It has two main focuses: to investigate fraud involving EU expenditure, and to investigate corruption involving the staff of EU institutions. I.