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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70650
Experience:  Over 5 years in practice
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During a POCA assessment convicted defendant, do musical

Resolved Question:

During a POCA assessment for a convicted defendant, do musical works/copyrights constitute "assets" that can be seized? How is their value assessed?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Can you explain your situation a little more?
Customer: replied 1 year ago.
Once found guilty of a money laundering charge at the Crown Court, I understand that you go through POCA proceedings to see if assets can be seized to repay the proceeds of crime. I own copyrights to various musical compositions that generate income, and I'm wondering if they can be "seized" during that process and the details of how that might take place.
Expert:  Jo C. replied 1 year ago.
It depends.Were you convicted of money laundering?If so, where did the money go?
Customer: replied 1 year ago.
I pleaded guilty. The monies were largely transferred out of my accounts to other people (not by me and to people I don't know).
Expert:  Jo C. replied 1 year ago.
Were they on the indictment too?
Customer: replied 1 year ago.
No.
Expert:  Jo C. replied 1 year ago.
The problem with a case like this is that they will want to trace the funds. I don't think they could seize intellectual property like this. It just isn't really an embodiment of tainted cash.What they could though is make an order that X amount be paid and in default there be a period of custody. That would be a common order consequent upon POCA.Intellectual property isn't generally a consideration for this type of proceeding but I think a court would conclude it isn't a realisable benefit.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
What do they make the order that X be paid and the default period of custody based on? My understanding is that POCA can only seize assets/cash and that without assets there will be only a nominal payment of £1?Thanks for the answers.
Customer: replied 1 year ago.
P.S I'll stop bugging you after that. ;)
Expert:  Jo C. replied 1 year ago.
The sum of the criminal benefit.They will work out the sum of your benefit and, unless the funds are accounted for, make an order that sum be repaid and in default there will be a custodial sentence.
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