Jonathan Underhill successful in opposing £1 million personal confiscation order in counterfeit goods case
18th October 2024
3PB specialist business and regulatory crime barrister Jonathan Underhill was instructed to defend a company and its director in a Crown Court case involving the large scale import of counterfeit and “grey goods” which are contrary to the Trade Marks Act 1994. The items imported included clothing from a number of high profile and well-known brands including Ralph Lauren, Tommy Hilfiger, Levi's and Diesel.
As a result of Jonathan’s careful case preparation and submissions, the company director avoided an immediate custodial sentence. In subsequent proceedings under the Proceeds of Crime Act (POCA) 2002, the prosecution sought confiscation orders in the sum of over £1 million against the director personally and in excess of £500,000 against the company.
Following a fully contested hearing and oral submissions, Jonathan persuaded the court to limit the confiscation order against the director to jointly-obtained criminal benefit of less than £60,000. The order sought against the company was also reduced by more than 50%.
The case showed the importance of instructing and retaining expert counsel in technical cases against businesses and their directors in the criminal courts. Jonathan was instructed by specialist law firm KTS Legal in London.
To instruct Jonathan, or see about his availability, please email Jonathan's clerk, Stuart Pringle on [email protected] or call him on 01962 868884.
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