Brian considered himself unlucky. Some friends of his had come under police observation. He had been having a coffee with them in Starbucks in Wolverhampton one morning when the police swooped and arrested everyone, Brian included.
Then the police searched the car in which Brian and some of his friends had driven to Starbucks – finding £24,000 in a bag in the boot. The police also searched the homes of all the persons arrested. Brian had had £2,000 worth of cocaine (with an 8% purity) in a kitchen drawer at home, which he had foolishly agreed to look after for a friend. There was also another £10,000 in cash at Brian’s house and a couple of valuable watches. The police seized the drugs, the cash, the watches and Brian’s mobile phone.
A prosecutor’s s16(3) PoCA 2002 statement was prepared which, to Brian’s amazement, showed Brian’s benefit from criminal conduct to be over £500,000 and his available amount to be over £100,000. Brian told his solicitors that he had, in truth, had no benefit from crime and he was broke. Now he was faced with a demand for £500,000 with the threat of an additional 5 year default sentence for non-payment….
Link for detailed case study by David: here