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21 February 2014
Crime & Fraud Cases

Prison Avoided for LNL Client

21 February 2014
|
Crime & Fraud Cases

confiscationPenny Muir represented a client in a multi-handed matter of supplying cannabis.

A Confiscation Order was made against the client that amounted to approximately £23,000. The client risked a possible thirteen month sentence in default of payment, as he had been unable to satisfy the Order, which had been calculated on a drastic over-estimate of the value of a pension fund that was the client's only asset.

Enforcement proceedings were listed against him at Dover Magistrates' Court, but after a lengthy and complex series of negotiations with the client's pension company, the Confiscation Unit and the Prosecution, Penny was able to persuade all parties that the only amount available was approximately £6,000. She drafted a successful application to the Crown Court which had made the Order, and also obtained the agreement of the Prosecution.

Accordingly, the Order was amended to reflect the amount that the client could pay, namely £6,000, and he thereby avoided the imposition of a prison sentence in default of payment.


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