R v C 2010 – In this case we represented a defendant following the conclusion of his confiscation proceedings. The defendant approached during the enforcement process. We lodged 3 consecutively successful applications to the Crown Court under Section 23 of POCA 2002 for a Certificate of Decrease. We reduced the client’s available amount in excess of £70,000.00, leaving him with no outstanding order to pay and therefore no time in prison in default of payment to serve.

R v B 2009 – We were approached by the defendant following him being convicted for Possession with Intent to Supply Class B Drugs. The Crown alleged a benefit figure of approximately £95,000.00 with an available amount of approximately £60,000.00. After the service of a detailed Section 17 Statement and a accompanying forensic accountant report, the benefit figure was reduced to £12,500.00, therefore an order was made in the same sum.

R v C 2003 – We acted on behalf of the defendant solely in relation to his confiscation proceedings under the CJA 1998 following his conviction for one of the largest MTIC Frauds that the country has seen to date, at the commencement of the confiscation proceedings the Crown sought a confiscation order in the sum of £85 million, following two years of negotiations and the instruction of various experts the matter concluded by consent in the Crown Court. The Order was made in a unique way with a benefit figure of £42 million for the conspiracy as a whole rather than the £85 million originally alleged and a personal benefit figure of approximately £10 million pounds, with an available amount between £2.6 million and £2.8 million. We successfully argued a term of imprisonment for non payment of the Order of only 28 days.

R v T 2011 EWCA Crim 646 – Confiscation proceedings, originally before the Guildford Crown Court following a conviction for an MTIC Fraud. The prosecution originally pursued a benefit figure of £36 million, reduced to £5.4 million at first instance, Frisby and Co received an appeal of the Order arguing that 1. There should be no application of the lifestyle provisions of POCA. 2. The method used to assess the defendants benefit figure was wrong in law. 3. The Order, in light of the defendants role in the Conspiracy, was oppressive and unfair. 4.The learner trial Judge was wrong to conclude that a finding of Hidden Assets should necessary follow from a defendant failing to give oral evidence.
Two questions of public importance have since been put to the Supreme Court for consideration. Leave to pursue these questions remains undetermined.

R v R 2007 – We acted on behalf of the defendant who was convicted following a large high profile and high value drugs trial at Wolverhampton Crown Court, in his confiscation proceedings.
The defendant had a significant amount of available assets and the Crown sought a confiscation order under POCA 2002 in the sum of £1.8 million, following 2 years of negotiations with the Crown a confiscation order was finally made in the sum of just over £56,000.00, so far as the amount payable for his confiscation.

R v H 2008 – We were approached by the defendant following his conviction at Bolton Crown Court for possession and supply of controlled drugs. The Crown alleged a benefit figure in excess of £1 million with hidden asset allegations. Following negotiations the order was finally made for the value of the drugs alone, the benefit figure was set at £70,000.00 with a recoverable amount of just under £45,000.00, it was agreed that hidden assets were not to be included in the Order because it would be wrong and oppressive.

R v T 2008 – We represented the defendant solely for his confiscation proceedings following his conviction for conspiracy to supply drugs and firearm offences. The Crown alleged a benefit figure of approximately £180,000.00 to include hidden assets, again following the use of experts and negotiation the order was reduced significantly and agreed by consent with a benefit figure of £68,000.00 and an available amount of £23,000.00.

R v U 2008 – We acted for the defendant on the originally criminal proceedings and for the confiscation at St Albans Crown Court. In this case the client was represented by Katie, our in house Solicitor Advocate and Confiscation and Restraints Manager. The Crown originally sought an order of just under £19,000.00, through negotiations the defence significantly reduced the order in a short period of time to just over £8,000.00 with an available amount to pay by the client £1,448.00.

R v B 2009 – We acted on behalf of the client following his conviction for of Conspiracy to Supply Drugs. We were instructed at a very late stage in the Confiscation Proceedings, the prosecution sought an order of over £600,000.00, which included Hidden Asset allegations. The Order was finally made following a contested hearing for just over £210,000.00 with an available amount of £60,000.00.

R v A 2008 – We acted in behalf of the thirds party in an application to appoint receivers over her property under POCA 2002. Mr. Lee Gerrard our in house Barrister was instructed as Advocate in the matter. We successfully defended the application and prevented receivers being appointed thus saving our client’s property from being included in the confiscation pot.

R v F 2010 – We acted for the above client in relation to his enforcement proceedings in the Magistrates Court following the making of his Confiscation Order. We successfully quashed these proceedings resulting in our client having no outstanding order to pay and no time in prison as a result of default on his order.

R v C 2011 – We acted on behalf of the above client in relation to confiscation proceedings at Newcastle Upon Tyne Crown Court, following his conviction for a high profile and high value drugs supply matter. The Crown sought an order for approximately £18 million which included hidden assets Following negotiations on the day of the final hearing the available amount was agreed at £81,000.00 with no hidden assets and the benefit figure of approximately £5 million pounds.

R v D 2010 – After detailed legal argument in the defendants POCA 2002 statement, the crown formally discontinued the confiscation proceedings against the defendant.