'Hidden Assets' Defence in P.O.C.A Application
Jon Gregg successfully defended a "hidden assets" application under the Proceeds of Crime Act 2002, at Minshull Street Crown Court.
Instructed by Messrs. Norcross, Lees and Ritches, Jon had previously represented Mohammed Miah during the prosecution of "Operation Rescind", an undercover police operation aimed at drug dealing in Oldham.
The Crown alleged that Mr. Miah had £17000 in hidden assets, despite his protestations to the contrary. Following a contested hearing, H.H.J. Foster, Q.C. rejected the Crown’s application. Following the case he revealed that, even as a full-time criminal judge, he was rarely asked to consider contested P.O.C.A. hearings, and confessed that he had last done so as a Recorder, in 1993, under different legislation!
This case was an object lesson in what can be achieved when one challenges Proceeds of Crime Act applications, despite the draconian burdens placed upon the Defence.