Early intervention needed to improve effectiveness of confiscation orders, says expert – OUT-LAW.com

‘Earlier intervention and more formal measures of success are needed if confiscation orders are to be successfully used by the UK courts to deprive fraudsters of the proceeds of their crimes.’

Full story

OUT-LAW.com, 20th April 2016

Source: www.out-law.com

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Regina v Brooks – WLR Daily

Regina v Brooks [2016] EWCA Crim 44

‘Following the seizure of a large consignment of cocaine by the Irish navy, the defendant was convicted in the United Kingdom of conspiracy to import drugs and sentenced to a term of imprisonment. In confiscation proceedings under the Proceeds of Crime Act 2002 the recorder ruled that the defendant had a criminal lifestyle for the purposes of section 75 of the 2002 Act. He assessed the defendant’s benefit as being a little over £3·6m, comprising the value of the drugs at just under £3m and a 50% interest in a Spanish property valued at £296,000, and held that the recoverable amount was the same as the benefit figure on the basis that, although the defendant’s identifiable assets amounted to just under £1,400, he had undisclosed assets which he had failed to show were less than his benefit. Accordingly, the recorder made a confiscation order in the sum of the benefit figure. The defendant appealed against the order on the grounds that the recorder had erred in (i) including the value of the drugs in the benefit figure on the basis that the defendant had purchased them or contributed to their purchase, when there was no evidence that the defendant had done so; (ii) including the value of the drugs in the recoverable amount, when they had been seized by the Irish authorities; and (iii) including the value of the property in the recoverable amount, when under Spanish law the defendant’s partner was the legal and equitable owner.’

WLR Daily, 10th March 2016

Source: www.iclr.co.uk

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Jailed Libor trader Tom Hayes must pay more than £878,000 – The Guardian

Posted March 24th, 2016 in banking, confiscation, fraud, interest, legal aid, news, proceeds of crime by tracey

‘Tom Hayes, the former star trader serving an 11-year jail sentence for manipulating Libor interest rates, has been ordered to pay £878,806 after a court ruled the money was the proceeds of crime.’

Full story

The Guardian, 23rd March 2016

Source: www.guardian.co.uk

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Council secures £300k confiscation after uncovering conspiracy to defraud – Local Government Lawyer

Posted November 19th, 2015 in confiscation, conspiracy, fraud, local government, news, sentencing by tracey

‘Slough Borough Council last month secured a £300,000 confiscation order, its largest ever under the Proceeds of Crime Act 2002.’

Full story

Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

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Ex-prison officer jailed for selling George Michael stories to the Sun – The Guardian

‘A former prison officer has been jailed for 12 months for selling stories about George Michael’s time behind bars to the Sun.’

Full story

The Guardian, 3rd November 2015

Source: www.guardian.co.uk

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Law enforcement need to give more priority to asset recovery in criminal cases, says expert – OUT-LAW.com

Posted October 9th, 2015 in assets recovery, confiscation, enforcement, news, select committees by tracey

‘New figures showing that criminals have still to re-pay a total of £774 million in ill-gotten gains highlights the need for law enforcement agencies to give greater priority to asset recovery in their criminal investigations, an expert has said.’

Full story

OUT-LAW.com, 8th October 2015

Source: www.out-law.com

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Solicitor jailed for role in £4.3m land-banking scam – Legal Futures

‘A solicitor has been jailed for five and a half years for his role in a £4.3m land-banking scam.’

Full story

Legal Futures, 3rd June 2015

Source: www.legalfutures.co.uk

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Fraudster ‘Fast Eddie’ ordered to pay £13.5m – Daily Telegraph

Posted May 21st, 2015 in compensation, confiscation, fines, fraud, news, proceeds of crime by sally

‘The self-styled ‘Lord’ Davenport’s fine is over criminal profits he made selling London mansion used for sex parties.’

Full story

Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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Benefit figures arising from cannabis plant confiscation – Park Square Barristers

Posted April 2nd, 2015 in benefits, confiscation, drug offences, news, proceeds of crime by sally

‘Ascribing benefit figures to immature plants is an increasingly common feature of cannabis plant confiscation proceedings.’

Full story

Park Square Barristers, 19th March 2015

Source: www.parksquarebarristers.co.uk

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Regina v Doran and another – WLR Daily

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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Regina v Kakkad – WLR Daily

Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130

‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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Court of Appeal rejects tobacco smugglers’ attempts to write off confiscation orders worth more than £2.7m – Crown Prosecution Service

Posted March 20th, 2015 in confiscation, Crown Prosecution Service, customs and excise, news by tracey

‘On Tuesday 17 March 2015, The Court of Appeal rejected an attempt by Robert Doran and Patrick Gray to write off confiscation orders made against them for £1,456,325.00 and £1,244,982.44 respectively, finding in favour of the Crown Prosecution Service (CPS).’

Full story

Crown Prosecution Service, 18th March 2015

Source: www.cps.gov.uk

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Regina v McDowell; Regina v Singh – WLR Daily

Posted February 26th, 2015 in appeals, confiscation, law reports, licensing, proceeds of crime, sentencing, waste by sally

Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84

‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’

WLR Daily, 19th February 2015

Source: www.iclr.co.uk

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Prisoners’ mobile phones to be cut off under new law – Daily Telegraph

Posted January 5th, 2015 in bills, confiscation, enforcement, news, prisons, statistics, telecommunications by sally

‘Mobile phone companies will be forced to cut off signals to handsets being used by inmates in prisons, under planned new laws.’

Full story

Daily Telegraph, 4th January 2015

Source: www.telegraph.co.uk

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Terror law reform signals fundamental shift – BBC News

Posted December 15th, 2014 in bills, confiscation, freedom of movement, news, passports, police, terrorism by tracey

‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

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Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

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Criminal extradited from Spain and jailed for non-payment of UK Confiscation Order – Crown Prosecution Service

‘Martin Hickman, who was convicted in relation to the illegal sale and supply of medicinal products in 2009, has been extradited from Spain and jailed for 10 years after failure to pay a confiscation order made against him in 2012 at Southwark Crown Court.’

Full press release

Crown Prosecution Service, 2nd October 2014

Source: www.cps.gov.uk

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Former PCSO tipped off the Sun over Naomi Campbell arrest – The Guardian

‘A former police community support officer (PCSO) has avoided jail after he admitted tipping off the Sun that supermodel Naomi Campbell was in custody over an allegation of assault.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

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CPS secures first ever recovery of criminal assets from United Arab Emirates – Crown Prosecution Service

‘Following extensive work both in the UK and Dubai, the new CPS Proceeds of Crime Service (CPSPOC) in London, working closely with the recently deployed CPS Asset Recovery Advisor in Dubai, has secured what is believed to be the first ever successful enforcement of a UK confiscation order in the UAE. The UK has recovered over £300,000 from the sale of an apartment in Dubai Marina belonging to a convicted British criminal.’

Full story

Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

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Gang leader loses court battle over crime debt – The Guardian

‘A “retired” high-profile criminal has lost a high court battle over how much he has to pay back from his days of crime.’

Full story

The Guardian, 11th August 2014

Source: www.guardian.co.uk

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