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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MoD ‘mole’ Bettina Jordan-Barber jailed over Sun leaks – The Guardian

‘A “mole” at the Ministry of Defence who made £100,000 from leaking stories to the Sun has been jailed for 12 months, it can now be reported after verdicts were delivered in a related trial.’

Full story

The Guardian, 20th March 2015

Source: www.guardian.co.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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National Crime Agency v Robb – WLR Daily

Posted January 14th, 2015 in fraud, law reports, proceeds of crime, victims by tracey

National Crime Agency v Robb; [2014] EWHC 4384 (Ch); [2015] WLR (D) 1

‘The court gave guidance on the hearing of applications brought by victims of fraud under section 182 of the Proceeds of Crime Act 2002 as to the principles to be applied in following and tracing recoverable property obtained by the defendant through unlawful conduct.’

WLR Daily, 23rd December 2014

Source: www.iclr.co.uk

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Proceeds of Crime Act 2002: codes of practice consultation – Attorney General’s Office

‘A consultation on a revised code of practice that governs the use of investigatory powers in the Proceeds of Crime Act 2002.’

Full press release

Attorney General’s Office, 12th December 2014

Source: www.gov.uk/ago

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Ex-coroner John Owen jailed for five years for £1m theft – BBC News

‘The former coroner for Carmarthenshire who stole £1m from a dead man’s estate to “prop up” his struggling law firm has been jailed for five years.’

Full story

BBC News, 14th November 2014

Source: www.bbc.co.uk

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Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

Full story

OUT-LAW.com, 30th October 2014

Source: www.out-law.com

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Man jailed for swindling brother out of share of £1.5m inheritance – The Guardian

Posted October 27th, 2014 in assets recovery, fraud, news, proceeds of crime, sentencing, trusts, wills by sally

‘A husband who swindled his brother out of a share of a £1.5m inheritance after his parents died has been jailed for four years and four months.’

Full story

The Guardian, 24th October 2014

Source: www.guardian.co.uk

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Cellar slave girl: Salford couple must pay victim £100,000 – BBC News

‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’

Full story

BBC News, 15th October 2014

Source: www.bbc.co.uk

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Essex and Suffolk school laptop thefts: Trio to pay £1 – BBC News

Posted September 23rd, 2014 in burglary, conspiracy, news, proceeds of crime by sally

‘Three men who stole over 250 laptops and caused damage worth £200,000 at schools across Essex and Suffolk have been ordered to pay back just £1 each.’

Full story

BBC News, 23rd September 2014

Source: www.bbc.co.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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Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

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Regina v Rogers (Bradley) and others – WLR Daily

Posted August 5th, 2014 in fraud, jurisdiction, law reports, money laundering, proceeds of crime by sally

Regina v Rogers (Bradley) and others [2014] EWCA Crim 1680; [2014] WLR (D) 362

‘Both the provisions relating to money laundering contained in the Proceeds of Crime Act 2002 and earlier authority provided jurisdiction in the English courts to cover an allegation of converting criminal property obtained by fraud in the United Kingdom by a person living and working in Spain who permitted the money to be received into his Spanish bank account and then withdrawn from it.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Regina v Bina – WLR Daily

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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Last ditch attempt to thwart POCA in the consumer protection field – Six Pump Court

‘The Defendant was convicted of 8 counts of carrying on a consumer credit business without a licence (Section 39 Consumer Credit Act 1974 (“CCA”) ) (“illegal money lending”) and was sent to prison. Birmingham City Council whose team has vast experience in and has conduct of most prosecutions in this area of work applied under Proceeds of Crime Act 2002 (“POCA”) to confiscate the Defendant’s property and in particular a house he had purchased with the proceeds of his business. The case was not a “lifestyle” case.’

Full story (Word)

Six Pump Court, 12th May 2014

Source: www.6pumpcourt.co.uk

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Failing to Make Crime Pay – BBC Law in Action

Posted June 5th, 2014 in artistic works, internet, news, privacy, proceeds of crime by sally

‘The government wants to do more to recover criminal assets. Joshua Rozenberg asks why – till now, at least – it has proved so difficult to deprive villains of their loot.’

Listen

BBC Law in Action, 3rd June 2014

Source: www.bbc.co.uk

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Canoe fraudster John Darwin order to surrender £40,000 to authorities – The Guardian

Posted May 29th, 2014 in fraud, news, pensions, proceeds of crime by michael

‘John Darwin, who faked his own death in a canoeing accident, has been ordered to pay a £40,000 lump sum to the authorities after two of his pensions matured.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

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