Carolina Bracken

2012

"She is extremely knowledgeable without an ounce of arrogance. Very grounded and a pleasure to work with"

- Instructing Solicitor

Overview

Carolina specialises in fraud, consumer law, and professional disciplinary proceedings. She acts for both the prosecution and defence, and is instructed for her proficiency throughout trial and at the confiscation stage.

Confiscation

Carolina is regularly instructed in high-value and complex confiscation proceedings that would ordinarily be beyond counsel of her call. Current instructions include acting for the defendant in contested proceedings in which the alleged benefit is £60 million, and which involves allegations of tainted gifts and hidden assets. She has recently secured an agreed order for a mortgage fixer (with a nominal £1 available amount) in the largest mortgage fraud ever prosecuted in England and Wales.

Carolina has conspicuous expertise in representing interested parties under the new section 10A of the Proceeds of Crime Act. She is often instructed by third parties on a direct access basis. She deploys her knowledge of property law in order to protect her clients’ assets from confiscation. Through experience, she has learnt how the involvement of a third party can also assist the defendant in reducing the assets available for confiscation. In addition to confiscation, Carolina frequently acts in and advises on cash seizure/forfeiture, enforcement, and restraint

Consumer

Carolina is repeatedly instructed by several trading standards departments in relation to a wide range of consumer cases. She is usually instructed prior to charge, and is sought after for her ability to act from that early stage, throughout the trial, and in proceedings under the Proceeds of Crime Act, from cash forfeiture and restraint to confiscation.

In addition, Carolina frequently acts for FACT, the UK’s leading intellectual property protection organisation, prosecuting individuals for offences contrary to the Copyright, Designs and Patents Act 1988.

During her secondment as Senior Prosecutor at the Brent and Harrow Trading Standards Service, she was involved in the Service’s civil forfeiture caseload, and provided advice in relation to the Enterprise Act 2002.

Current instructions include a multi-handed trade mark and money laundering case involving £10,000s worth of counterfeit goods, and prosecuting a travel agency that fraudulently failed to book flights and hotels for consumers

Regulatory

Carolina prosecutes on behalf of Local Authorities in a variety of criminal cases, including Town and Country Planning Act offences, environmental offences, and health and safety prosecutions. She also acts for the police in applications, including for Football Banning Orders, Sexual Risk Orders, and Domestic Violence Protection Orders.

Professional Discipline

Carolina frequently represents professionals before their disciplinary tribunal, specialising in medical/care professionals. Often, she represents the professional both at the disciplinary stage and in linked criminal proceedings. She has appeared before the GPhC, NMC, GDC, and HCPC, and has also represented police officers. Recent cases include: a conditions of practice order (to continue drug testing) for a paramedic who accepted stealing codeine from his ambulance to fuel his addiction; a finding of no misconduct in respect of a nurse in charge of a patient who died whilst unsupervised; and representing a police officer charged with perverting the course of justice (the prosecution offered no evidence on the day of trial).

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Carolina Bracken
Carolina Bracken

Specialist Areas

  • Customs and Excise Offences
  • Drug Offences
  • Theft and Dishonesty
  • Firearms Offences
  • Corporate Crime
  • Business Crime & Financial Services
  • Serious Sexual Offences
  • General Crime
  • Assault and Violent Crime
  • Driving Offences
  • Professional Discipline & Regulatory
  • Consumer Law

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