Richard Padley represented Omari Bowers in his confiscation proceedings following convictions for conspiracy to defraud in relation to activities through three investment schemes.
The SFO, prosecuting the case, had sought a benefit figure in region of £53 million, but in the days leading up to the three day contested confiscation hearing, reduced the figure to approximately £29 million, including the change in value of money. This was in line with legal arguments advanced by the defence in respect of how the meaning of ‘criminal benefit’ applied in light of the trial Judge’s earlier sentencing remarks.
The case provides a reminder that facts found by the trial Judge and outlined in sentencing remarks can assist in determining the extent of any criminal benefit later pursued.
Following representations earlier in the proceedings in relation to alleged tainted gifts, the amount available to be repaid was agreed as a nominal £1.
Richard was instructed to assist with the confiscation having not represented Mr Bowers at trial. He was instructed alongside trial Counsel, Andrew Trollope KC and Senghin Kong, by Bark and Co.