Confiscation proceedings under Proceeds of Crime Act 2002 following a conviction for drug trafficking

Arthur ran a cafe in Rotherham. One day in January 2004, whilst in his cafe, he sold half a kilogramme of cocaine to Peter - not realising that Peter was an undercover police officer. Arthur was subsequently convicted of an offence under the Misuse of Drugs Act 1971. In the confiscation proceedings that followed the Regional Asset Recovery Team calculated Arthur’s benefit of his ‘criminal lifestyle’ as nearly £400,000. We were instructed by the defence to critically examine the RART report.

We undertook an extremely detailed examination of Arthur’s income and expenditure covering the period from a date 6 years prior to his arrest up to the date of our report, and his assets held since conviction.

Our examination confirmed some of the allegations in the RART report (particularly in relation to previous mortgage applications having been made on the basis of false income details), but enabled other previously unexplained items to be satisfactorily resolved.

Immediately prior to the scheduled court hearing the RART and Arthur agreed a benefit figure of just over £100,000 based on our report.