Kane Sharpe successful in cash forfeiture appeal
Kane‘s client was stopped 4 years ago by Border Force trying to smuggle over £100,000 in cash secreted in various locations around the car, including within the dashboard panels and driver airbag compartments. The NCA seized the cash alleging that, on the balance of probabilities, the money represented the proceeds of crime, and obtained forfeiture of the full sum in the lower court under section 298 POCA.
Following a 3-day appeal, Kane persuaded the Crown Court that the NCA had failed to discharge its burden, even to the lower standard. His client’s money was returned in full, with interest.
Kane was instructed and expertly assisted by Adrian Gillan at Clarke Kiernan Solicitors