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

‘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

‘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

‘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

‘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

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.’

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The Guardian, 11th August 2014

Source: www.guardian.co.uk

CPS fraud couple ordered to pay back £300,000 – BBC News

Posted June 30th, 2014 in assets recovery, Crown Prosecution Service, fraud, news, sentencing, taxis by sally

‘A couple who were jailed for conning the Crown Prosecution Service (CPS) out of more than £1m have been ordered to pay back in excess of £300,000 by a court.’

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BBC News, 27th June 2014

Source: www.bbc.co.uk

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

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

Professionals who do legal work for gangsters face prosecution under new offence – The Independent

‘Crooked accountants, lawyers and other professionals who profit from crime but are beyond the reach of the law will be targeted under measures to be announced in tomorrow’s Queen’s Speech.’

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The Independent, 3rd June 2014

Source: www.independent.co.uk

New crackdown on corrupt lawyers who help criminals – BBC News

‘Lawyers, couriers and accountants could be jailed if they turn a blind eye to criminal activity they profit from, under Home Office plans.’

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BBC News, 3rd June 2014

Source: www.bbc.co.uk

Lakatamia Shipping Co Ltd v Su and others – WLR Daily

Lakatamia Shipping Co Ltd v Su and others [2014] EWCA Civ 636; [2014] WLR (D) 216

‘The assets of a company whose shares were entirely owned by a defendant to a standard form freezing order were not assets of the defendant, for the purposes of the order. However, since such a freezing order restrained the defendant from diminishing the value of any of his assets, which included his shareholding in such a company, it would restrain him from procuring the company to make a disposition of its assets likely to result in such a diminution.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

DPP Alison Saunders announces plan to seize more criminal assets hidden abroad – BBC News

‘The director of public prosecutions for England and Wales has unveiled a new drive to clamp down on criminals hiding their assets abroad.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Regina v Padda – WLR Daily

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Confiscation orders take only 26p in every £100 from criminals, NAO finds – The Guardian

‘Confiscation orders designed to ensure crime does not pay provide neither value for money nor a credible deterrent as perpetrators keep all but 26p in every £100 generated by the criminal economy, according to a damning report.’

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The Guardian, 17th December 2013

Source: www.guardian.co.uk

Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer

Posted November 25th, 2013 in assets recovery, gambling, loans, money laundering, news, sentencing by tracey

‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk