R v A
These proceedings stemmed from an investigation into a conspiracy to defraud Kirklees Council through the dishonest submission of fraudulent claims for housing benefit, totalling £26,000, and the dishonest obtaining of a substantial number of mortgage advances, totalling in excess of £1.1million.
Kirklees Council sought a Confiscation Order under the Proceeds of Crime Act 2002 in a sum in excess of £1million, claiming that he had assets in excess of £252,000 available to satisfy the Order and would have to sell a large number of his properties in order to do so.
Opus Law, assisted by Forths Accountants, were able to successfully argue that the Benefit Figure should in fact only be £60,000 and the amount available was only £35,881.08. A Confiscation Order was made in the sum of £60,000 and as a result A can retain the majority of his properties.
Case represented by Sarah Batty, Opus Law.