Confiscation of Assets

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Confiscation Order - Trading Standards - Counterfeit Goods

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Kirklees Trading Standards v. MC - Bradford Crown Court

Mr MC was a well-respected businessman in West Yorkshire. He had a substantial property portfolio and ran a business which supplied car parts to the motor industry. Mr MC was prosecuted by the Kirklees trading standards department for selling counterfeit goods. Unfortunately, Mr MC was poorly advised at the magistrate's court and pleaded guilty to some specimen offences. Mr MC took a very pragmatic view of the proceedings, in that he wanted the matter to be dealt with, pay a penalty and get on with his business. The prosecution had other ideas. As soon as Mr MC entered his guilty pleas and he was convicted the prosecution made an application that the case should be sent to the Crown Court for a confiscation order to be made. The prosecution applied for a Restraint Order and alleged criminal benefit in their section 16 Statement more than £8 million. They considered the entire content of the warehouse to be counterfeit!

After careful negotiations a figure of £60,000 was agreed with the prosecution representing the benefit and realisable amount.

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