“Another instance where an individual in a position of trust has exploited that trust for personal financial gain. While criminal authorities have acted and secured a conviction, many are unaware that such matters can also be addressed through civil claims. Criminal sanctions, including those under The Proceeds of Crime Act 2002, often fall short of facilitating full repayment to victims due to their limited scope.
The upcoming Criminal Justice Bill aims to enhance provisions under The Proceeds of Crime Act 2002. However, it should be noted that while the scheme is designed to combat economic crime and support victims, it will not serve as a mechanism for reimbursing fraud victims directly.
Pursuing a civil claim offers significant advantages for victims, as it increases the likelihood of recovering their funds. In civil cases, the burden of proof is based on the balance of probabilities, which is less stringent than the criminal standard of beyond reasonable doubt. Additionally, civil law provides various mechanisms for tracing and reclaiming assets, ensuring that victims can recover their rightful money.”