English to Slovak Law/Patents Law (general) property law, assets, confiscation

A tainted gift refers to the gifting of an asset or money to another person without the intention of receiving anything, or receiving something financially unequal in return. An example of this would be a defendant giving another party £5,000 and either receiving nothing in return or receiving less than this initial figure back.

Additionally, a gift in confiscation terms can relate to an asset that is sold to another party if the sale price is seen to be significantly lower than the item’s value.


What is a Tainted Gift?
The Proceeds of Crime Act (POCA) states that a gift made by a defendant to a third party may be deemed as a tainted gift. This means that it is, as far as the courts are concerned, available for confiscation as part of a confiscation order and used to help pay any debts.