News Criminal Defence 12th Jun 2019

Tom Day and JMW Solicitors LLP Secure Minimal Confiscation Order in European Cocaine Conspiracy

Tom Day and JMW represented the head of an organised crime group operating out of Merseyside in a confiscation hearing in Liverpool Crown Court before HHJ Flewitt QC.

The prosecution’s case was that the client was the head of the conspiracy to supply cocaine and had supplied as much as 303 kg (and at least 216 kg) of cocaine in a six month period.

The prosecution calculated the benefit figure as being at least £6.4 million and submitted that the client must have hidden assets. In response, it was maintained that his only asset was a watch valued at approximately £2,000. The defence team drafted written submissions that used the prosecution evidence to support the defence case and show that there were no hidden assets.

It was submitted that the conspiracy was not a profitable enterprise, that there was no evidence of an extravagant lifestyle and the evidence demonstrated that the client’s assets were as described; a single watch.  The prosecution conceded that the evidence did not show that the client had hidden assets.

An agreed confiscation order of £2,250 was therefore approved by the Court detailing a benefit figure of £6.4 million and an available amount of £2,250.

Tom was instructed by Sam Healey and Catherine O’Rourke of JMW Solicitors LLP.


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