Katerina Iwai has recently achieved a successful result in a Proceeds of Crime Act (POCA) case on behalf of our client.
Our client had previously been convicted of:
- Conspiracy to supply and possession of controlled Class A drugs
- Possession with intent to supply Class A substances
The client was sentenced to a custodial term of 4 years and 3 months after pleading guilty. After sentencing, the court assessed that the benefit from criminal conduct amounted to £154,753.88. On instruction from our client Katerina submitted an application to challenge this figure, presenting arguments on:
The wholesale valuation of the drugs involved
The drugs were initially evaluated at street value, which takes into account the profit that drug dealers may benefit. We successfully argued the valuation to a wholesale value, thereby lowering the benefit and limiting it to what the defendant paid for the drugs.
The provenance of a third-party transfer
A large portion of the benefit and available figure was an unexplained transfer. The defence had to prove the origin of the payment and verify it with evidence for the prosecution to accept the figure.
The judge accepted our submissions, resulting in a revised benefit figure of £80,548.85 — almost a 50% reduction.
POCA cases can have long-term financial consequences for clients and their families. I’m pleased we were able to challenge the assumptions made and significantly reduce the amount our client was said to have benefitted. This outcome reflects the importance of scrutinising every detail in such proceedings.”
— Katerina Iwai, Solicitor
