You are here

Piercing the corporate veil in confiscation proceedings

Even though POCA is weighted in favour of the prosecution, the scales of justice are beginning to tilt in the direction of the defendant, explains David Bloom

27 June 2017

The Proceeds of Crime Act 2002 (POCA), which underpins the confiscation process in England and Wales, is weighted against the defendant. The stated purpose of confiscation proceedings is to deprive the convicted defendant of the financial benefit obtained from his criminal conduct. The burden is invariably on the imprisoned defendant, without easy practical recourse to his financial records, to establish on the balance of probabilities the legitimacy of his assets over the preceding six years in the face of prosecution assertions and statutory assumptions.

Matters are more complicated but not necessarily more unfavourable where the defendant is a director or shareholder of a company and the prosecution is trying to recover the company’s assets by piercing the ‘veil’ of incorporation. While POCA is detailed in many respects, the law surrounding this subject has been defined by case law and remain...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.