On 11th June, the FCA in the UK announced that a court had increased the value of a confiscation order made against Benjamin Wilson, a convicted fraudster, from £1 to £31,905.33.  The increased order must be paid within 28 days or he will face a further 14 months in prison.  Section 22 of Proceeds of Crime Act 2002 (POCA) allows a prosecutor to invite the Court to reconsider the amount available to a defendant and to increase the value of the confiscation order made against him if it considers it just to do so.  As with all confiscation orders, the assets available do not have to represent the proceeds of crime and they can have been acquired after the making of the original confiscation order.  When Mr Wilson was sentenced, a confiscation order in the sum of £1 was made against him in accordance with POCA.  The Court found that his total benefit from his criminal conduct amounted to £21.84 million.  However, due to his bankruptcy and civil proceedings in the High Court brought by the FCA, it was accepted by all parties that he did not have assets available to him at that time to meet any confiscation order.  As a result, a nominal confiscation order was made.  The amount of the increased confiscation order represents monies currently held in his – the bulk being a payment made upon the death of Mr Wilson’s mother and he received the sum as one of 3 beneficiaries named by her.  Wilson’s assertion that he had rejected his inheritance from his late mother was a sham.


Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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