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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice
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My wife committed a fraud for about half a million, which she

Customer Question

My wife committed a fraud for about half a million, which she is serving a sentence for. Unfortunately I have been found guilty for money laundering where money from my wife has been put into my account. My wife also paid a deposit of 32k towards a houseand was purchased under my name. The court now wants to proceed with a confiscation order on me for about 73k. The house under my name has been rented out as I live in the house under my wifes name and this will soon go anyway as the court want my wife to pay compensation of about 300k. We have a four year old daughter and this is my concern. Is there not a chance for the court to be lenient due to is having a young child? Would the court not consider atleast for the house under my name to keep for the sake of npt being homeless?
I do work but now have a criminal record as i have done 200 hrs of community service so if i lose this job then it wont be easy to find a job. My wife (accountant) will not be working once she returns next march after serving more than 1 half but will be on tag.
Im so confused. I do have legal aid but they dont seem to be as proactive and keeps telling me that the court dont care about the child.
Please advise as I need to go back to the legal aid solicitor to give a response to CPS. I dont even mind if they let me have the house for now but put a charge notice on it.
What options do I have?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what you are asking?
If your question is whether you can keep the house that they say was purchased using tainted funds then I;m afraid the answer is that you cannot.
They will sometimes consider the rights of an innocent person in the house but that is not the situation here. For instance, if a house has been purchased with tainted money but the innocent party in a marriage owns shares in the property then a court will sometimes take that into account. However, sadly here you have been found guilty and so that doesn't apply.
If both owners of the house have been convicted of some dishonesty based offence and pursued under the Proceeds of Crime Act then there is no realistic chance of them not seizing the house. That is why your solicitor is making this point.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

You have answered my question to be honest. However, do the court not consider that there is a child? I keep being told that the court will consider if you have a child.. If not then I will just have to agree with my legal aid response to CPS and proceed with confiscation order.

Expert:  Jo C. replied 2 years ago.
No, they do not I'm afraid.

They will consider the rights of the innocent party but sadly you were convicted. I suppose that was why they pursued you as well sadly.
Customer: replied 2 years ago.

Many thanks Jo.


Much appreciated. Brilliant service with prompt response and honest answers.


 


Thank you.

Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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