Neuberg, Karen

Karen Neuberg was convicted in November 2004 of re-using a prohibited company name and received an 80 hour community punishment order and a disqualification from holding a company directorship for five years.

Ms Neuberg also received a confiscation order in the sum of £100,000 with two years’ imprisonment and default, and was ordered to pay £7,500 in costs.

The CCRC received an application for review of the confiscation order in June 2013.

The CCRC considered that following a fresh interpretation of the law in the case of R v McDowell and Singh [2015], it was recognised that the use of a prohibited company name was a regulatory offence from which Ms Neuberg obtained no benefit and that therefore a confiscation order was not appropriate.

Alternatively, the CCRC considered that should the Court of Appeal find there could be a benefit obtained from (or pecuniary advantage obtained by) the offence of re-using a prohibited name, and that in the circumstances of Ms Neuberg’s case such a benefit or pecuniary advantage was obtained, there was nevertheless a real possibility the Court of Appeal would find that Mrs Neuberg’s confiscation order was disproportionate.

The CCRC referred the confiscation order in March 2016.

The Court of Appeal upheld the confiscation order in December 2016.