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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11428
Experience:  30 years as a practising solicitor.
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a friend of mine was convicted in 2008 of creating/supplying

Resolved Question:

a friend of mine was convicted in 2008 of creating/supplying cannibis. It was over six years ago. He was handed a three year sentence which has long since expired. He had 11k seized at the time from his bank account. Since he has had no criminal activity and has kept clean.

His uncle died this year leaving him a house in his will. Can he inherit it or will the proceeds of crime act still be able to come after him?

The house is worth approximately 200k and he could put it into his mother's name instead possibly.

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The house has no relevance to the confiscation order which from what you say was satisfied years ago. He can inherit the house.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

How would we know if the confiscation order was fully satisfied? Is there a document they gave us at the time?

If they said he owed more than he had in his bank at the time could they now take it from the inheritance?

Is there a time limit on how long they can go after money?

Thanks for your help - will do the necessary credit thing.

J

Expert:  JGM replied 2 years ago.
The confiscation order could only relate to whatever assets there were at the time, not to future assets. They can't now seek the house he has been left in a will.
Customer: replied 2 years ago.

http://www.cambridge-news.co.uk/Cambridge-drug-dealer-Mark-Thurston-cash-inheritance-dad-seized-police/story-22367296-detail/story.html

If you take a look at the above link you will see why we are concerned. This guy inherited money some 4/5 years later and they still went after some of it to clear the previous order.

Expert:  JGM replied 2 years ago.
The amount to be repaid is fixed at the time of sentencing and you confirmed that £11k was paid..I assume that 11k was the available amount as defined in the Act:95 Available amount(1)For the purposes of deciding the recoverable amount, the available amount is the aggregate of—(a)the total of the values (at the time the confiscation order is made) of all the free property then held by the accused minus the total amount payable in pursuance of obligations which then have priority, and(b)the total of the values (at that time) of all tainted gifts.(2)An obligation has priority if—(a)it is an obligation of the accused to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction for an offence and at any time before the confiscation order is made, or(b)it is an obligation of the accused to pay a sum which would be—(i)a preferred debt if the accused’s estate were sequestrated on the date of the confiscation order, or(ii)a preferential debt if his winding up were ordered on that date.If the defence lawyer has done his job properly the available amount should have been the maximum recoverable amount under proceeds of crime. To check this absolutely you should ask the court to let you know precisely what the terms of the confiscation order were, ie, the amount that was ordered to be paid. I would be very surprised if it was more than the available amount at the time.
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