Nigel Power QC is a lawyer with experience of all types of confiscation, asset-tracing and restraint cases, both in the civil and criminal fields. He is a barrister with the technical legal expertise to help you at any stage of proceedings. He has recently been instructed at the confiscation stage of Operation Inertia, a massive VAT / MTIC fraud where the benefit to his client is said to be £55m. He can also help at the very early stages of a case, where prosecution agencies try to restrain assets even before you have been charged.


Whether it is alleged that your assets are the proceeds of drug-trafficking, fraud, money laundering or any other crime, Nigel will be able to advise the best strategies and approach to keep hold of what is lawfully yours.


Nigel has successfully argued on a number of occasions that half of a defendant's property should be kept over for his wife, even when the prosecution have alleged that all of the property is tainted and the proceeds of crime. Nigel has a detailed specialist knowledge of the law relating to finance in marital breakdown which he has used to his client’s advantage. In the case of Brian MacAtavey, the defendant was going through a divorce at the time of his confiscation hearing but the family proceedings had not concluded. The prosecution alleged benefit of £10.4m, identified assets of £3.4m and suggested hidden assets. Ultimately the defendant was ordered to pay just £200,000, it being successfully contended that the benefit figure included millions of pounds’ worth of hidden assets and that the property had been overvalued and the wife’s share significantly undervalued.


In civil POCA proceedings Nigel represented the widow of an alleged drug dealer and convicted money launderer, Edward Lundon, who had committed suicide in jail. Unlike criminal “POCA” claims, civil claims do not require a conviction and orders are made in respect of specific property rather than in a monetary sum. EL was a successful gambler and by the time of his death in 2008 had amassed a considerable property portfolio. However, he had been charged with a drugs conspiracy and sadly committed suicide in jail. SOCA then pursued a civil action in the High Court, claiming that all of EL’s wealth could be traced back to his conduct in 1998.


Although SOCA were successful in their claim in relation to some of the property, the careful tracing during a three-day High Court hearing by Nigel of funds over an 12 -year period made it possible to defeat the claim in respect of a number of properties despite the fact that EL’s widow had not worked for any of the period. This allowed Mrs L to retain some of the family property following the most unfortunate end to her husband’s life. Nigel’s article about funding from restrained funds in civil POCA cases is here.  


To obtain Nigel’s help and advice in relation to confiscation and asset-freezing, email directly or call 0151 242 0707.


 

Confiscation and Restraint