John Hurlock of 2 Bedford Row, instructed by Philip Kazantzis, represented X in substantial confiscation proceedings under the Proceeds of Crime Act 2002.
The convictions
X had pleaded guilty at Maidstone Crown Court to three drug trafficking offences under the Misuse of Drugs Act 1971 and six conspiracies to supply or produce drugs. He was sentenced to 16 years’ imprisonment.
The Crown’s claim
The Crown alleged a benefit figure of over £20.9 million, including more than £19.2 million of general criminal conduct. Its case relied on an expert’s analysis of communications with third parties and of documents seized from a property in Spain. The Crown argued that these showed hidden assets of more than £19 million received and distributed through informal money remittance systems.
The assets under consideration included properties in the UK, an interest in land, a villa in the Málaga region and a number of company associations. The case was document-heavy, with some 9,000 exhibits and email material that continued to be served as the proceedings went on.
Outcome
The defence contested the Crown’s case, challenging its interpretation of the communications evidence and the assertion of hidden assets. The court rejected the Crown’s case that there were hidden assets and determined X’s benefit at £350,000, a reduction of more than £20.6 million from the figure sought by the Crown.