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Jo C.
Jo C., Barrister
Category: Law
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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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Can you explain your situation a little more?
Customer: replied 10 months 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 10 months ago.
It depends.Were you convicted of money laundering?If so, where did the money go?
Customer: replied 10 months 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 10 months ago.
Were they on the indictment too?
Customer: replied 10 months ago.
No.
Expert:  Jo C. replied 10 months 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 10 months 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 10 months ago.
P.S I'll stop bugging you after that. ;)
Expert:  Jo C. replied 10 months 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.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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