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Confiscation, Civil Recovery & Asset Forfeiture

Chambers has a long established tradition of expertise within the areas of asset recovery, civil fraud and confiscation and our dedicated team of barristers are able to navigate their way through this technical and ever evolving world from advice to representation at all levels.

We frequently appear in matters of Restraint, providing advice and assistance at every stage, Civil Recovery Orders and Cash Forfeiture Orders. We are repeatedly instructed in post-conviction confiscation matters where benefit figures and the value of realisable assets are in contention.

All Recent Cases

  • R v M [Inner London] 2017

    Confiscation Proceedings

    Aska Fujita prosecuted confiscation proceedings following the defendant’s guilty plea to a car-ringing conspiracy worth over £750,000. Instructed by the CPS.

  • R v. Mote [Southwark] 2016

    Confiscation proceedings following fraud trial

    Aska Fujita represented an ex-MEP in confiscation proceedings following his conviction of offences of fraud and money laundering. The case involved complex legal issues in relation to the impact of a trust on the benefit and available amount. Instructed by Sternberg Reed. Daily Mail report here.

  • R v. B [Southwark] 2016

    Confiscation Proceedings following Mortage Fraud

    Senghin Kong led by Jonathan Goldberg QC in confiscation proceedings on behalf of a defendant who had pleaded guilty to mortgage fraud. The benefit figure claimed by the prosecution was reduced from over £1.8 million (the value of the frauds to which the defendant pleaded guilty) to less than £140,000 following negotiation. Instructed by Burton Copeland.

  • Appeal Re: F 2016

    Appeal of Confiscation Order

    Senghin Kong represented the Appellant at his successful appeal against a confiscation order and was commended by Davis LJ on the clarity of his written and oral submissions. The Crown had successfully argued below that debts incurred solely by the Appellant but secured on his family home should be paid from the proceeds of sale before division between the Appellant and his wife who shared the beneficial interest in the property equally. On appeal, the Crown conceded that this was wrong and the Court of Appeal held that these debts should be paid out of the Appellant’s share of the proceeds of sale as to hold otherwise would lead to a disproportionate result.

  • Kent Police v. M 2015

    Asset Forfeiture

    Senghin Kong represented the Respondent in a 3 day application for the forfeiture of nearly £100,000 in cash as a result of multiple seizures. There was complex legal argument as to the application of proportionality in such proceedings. Instructed by Thomas Boyd Whyte Solicitors.

  • R v. B & ors [Harrow] 2013

    Bogus college immigration fraud

    Jonathan Higgs QC led Jonathan Polnay and Senghin Kong prosecuting three defendants involved in running a bogus college for conspiracy to assist unlawful immigration. The defendants were convicted after a 3 month trial. The case involved complex legal argument in relation to Griffiths-type conspiracies and substantial disputed evidence from forensic accountants. Senghin Kong was instructed to prosecute the resulting 3 day confiscation hearing without a leader, against three QCs and juniors. Instructed by CPS Central Fraud Group.