assets recovery – Current Awareness

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

Posted November 22nd, 2017 in assets recovery, electronic commerce, legislation, news, proceeds of crime, proportionality, restraint orders by sally

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers

Posted November 22nd, 2017 in animals, assets recovery, criminal justice, foreign jurisdictions, international law, news by sally

‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’

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Drystone Chambers, 6th November 2017

Source: drystone.com

Criminal system failing fraud victims, says expert – OUT-LAW.com

Posted January 17th, 2017 in assets recovery, criminal justice, fraud, news, victims by tracey

‘UK authorities must do more to prioritise the recovery of assets that have been defrauded from businesses, an expert has said.’

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OUT-LAW.com, 16th January 2017

Source: www.out-law.com

Police to hire law firms to tackle cyber criminals in radical pilot project – The Guardian

Posted August 15th, 2016 in assets recovery, civil justice, computer crime, contracting out, criminal justice, evidence, fraud, internet, law firms, news, pilot schemes, police, proceeds of crime, statistics by sally

‘Private law firms will be hired by police to pursue criminal suspects for profit, under a radical new scheme to target cyber criminals and fraudsters.’

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The Guardian, 14th August 2016

Source: www.guardian.co.uk

Cybercriminal “Sir King Cash” ordered to pay back over half a million pounds – Crown Prosecution Service

Posted August 1st, 2016 in assets recovery, fraud, money laundering, press releases, proceeds of crime, sentencing, time limits, victims by Mark L

‘Fraudster Sean Benson, who went by the screen name “Sir King Cash”, has been ordered to pay back £554,000 by a judge at Southwark Crown Court. Benson now has three months in which to pay back the money or face a further five years in jail. All of the money will be paid back to the victims of the fraud.’

Full press release

Crown Prosecution Service, 29th July 2016

Source: www.cps.gov.uk

Sanam v National Crime Agency – WLR Daily

Posted December 4th, 2015 in assets recovery, human rights, married persons, news, proceeds of crime, third parties by tracey

Sanam v National Crime Agency: [2015] EWCA Civ 1234; [2015] WLR (D) 495

‘There was no basis for concluding that a civil recovery order obtained by the National Crime Agency pursuant to Part 5 of the Proceeds of Crime Act 2002 in respect of property derived from unlawful conduct would violate the rights of an innocent former wife of the criminal under article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though she would be left without any assets if a recovery order was made.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

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.’

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OUT-LAW.com, 8th October 2015

Source: www.out-law.com

Ancient Greek relic looted from Libya to be returned – Daily Telegraph

Posted September 2nd, 2015 in artistic works, assets recovery, fraud, HM Revenue & Customs, news by sally

‘Judge orders the 4ft marble statue smuggled into Britain in 2011 was “unlawfully excavated”.’

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Daily Telegraph, 1st September 2015

Source: www.telegraph.co.uk

Fake locum doctor sentenced – Crown Prosecution Service

Posted July 20th, 2015 in assets recovery, doctors, fraud, news, possession of false identity documents, proceeds of crime, sentencing by tracey

‘A man who pretended to be a qualified doctor has been sentenced at Canterbury Crown Court to six years in prison.’

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Crown Prosecution Service, 17th July 2015

Source: www.cps.gov.uk

Open Consultation: Codes of practice issued under the Proceeds of Crime Act 2002 (POCA) – Home Office

Posted July 10th, 2015 in assets recovery, codes of practice, consultations, Northern Ireland, proceeds of crime by tracey

“The operation of certain powers within POCA are subject to guidance issued by the Secretary of State in various codes of practice. The existing codes need updating due to certain provisions in the Serious Crime Act 2015 and the full extension of POCA powers to Northern Ireland.’

Full press release

Home Office, 10th July 2015

Source: www.gov.uk/home-office

Ex-cricketer Andy Hayhurst jailed for £100k fraud – BBC News

Posted June 15th, 2015 in assets recovery, fraud, news, proceeds of crime, sentencing, theft by sally

‘A former cricketer who stole more than £100,000 meant for young players has been jailed for two years.’
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BBC News, 12th June 2015

Source: www.bbc.co.uk

New measures to make criminals pay legal aid costs – Ministry of Justice

Posted June 3rd, 2015 in assets recovery, costs, legal aid, news, proceeds of crime by sally

‘New measures to make criminals, rather than hard working taxpayers, pay more towards their legal bills have come into force today (1 June 2015).’

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Ministry of Justice, 1st June 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

How are the proceeds of crime recovered? – BBC News

Posted May 22nd, 2015 in assets recovery, compensation, news, proceeds of crime, victims by sally

‘The prime minister has announced new plans to seize the wages of illegal workers as proceeds of crime as part of a new immigration strategy. But how does the UK go about recovering the proceeds of crime, and what challenges might the new plans throw up?’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

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

Posted November 17th, 2014 in abuse of position of trust, assets recovery, coroners, executors, news, proceeds of crime, sentencing, theft, wills by sally

‘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.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

GP jailed for dodging £185,000 in tax claimed he ‘wasn’t good with numbers’ – Daily Telegraph

Posted November 14th, 2014 in assets recovery, doctors, fraud, news, remuneration, sentencing, tax evasion by tracey

‘A Maserati-driving doctor who lied about his salary to dodge paying £185,000 in tax and live a luxury lifestyle has been jailed for 18 months. Dr Michael Summer, 46, earned more than £750,000 yet paid tax and national insurance on only half that amount.’

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Daily Telegraph, 13th November 2014

Source: www.telegraph.co.uk

Modern slavery bill is ‘lost opportunity’, says human trafficking adviser – The Guardian

Posted November 3rd, 2014 in assets recovery, bills, compensation, EC law, forced labour, human rights, news, prosecutions, statistics, trafficking in human beings, victims by sally

‘The government’s modern slavery bill is a “lost opportunity,” the home secretary’s former special envoy for human trafficking has warned. Anthony Steen, who advised on the legislation and chairs the Human Trafficking Foundation, said the bill, which will be debated in parliament on Tuesday for its third reading, had “yawning gaps”, and failed to focus on the needs of victims of trafficking in the UK.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

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.’

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The Guardian, 24th October 2014

Source: www.guardian.co.uk

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

Posted August 21st, 2014 in assets recovery, confiscation, Crown Prosecution Service, enforcement, foreign jurisdictions, news by tracey

‘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.’

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Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

Posted August 15th, 2014 in assets recovery, banking, disclosure, human rights, news, privacy, privilege, sentencing, solicitors by tracey

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

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UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com