The initial statements in confiscation order proceedings can be particularly harsh. Instructing a forensic accountant can provide a huge advantage in combating this. An experienced forensic accountant will attempt to lower any excessive amount stated in the confiscation order, as well as attempt to prove that the amount a defendant benefited by way of criminal activity is actually less than stated.
The aim of the initial statement in a confiscation order is to take the total sum of money a person has come by unlawfully, but it is not uncommon that this figure is in reality much lower than the amount that is expected to be paid back.
This altering of the benefit amount is important for the client because traditionally the sentence for crimes that fall under the Proceeds of Crime Act is handed out on a scale that depends on how much of the amount charged goes unpaid. The lower the amount, the better chance the defendant will have of paying it off and getting a better sentence.
The expertise a forensic accountant can offer a client involved in a confiscation order under the Proceeds of Crime Act can be huge. Their proficiency with data and numbers can allow them to uncover clear and relevant data regarding legitimate income and separate it from the benefit figure. They can also trace payments between multiple sources and prove their legitimacy.