‘Compensation for victims’ as FCA secures £2.2m confiscation orders, says expert – OUT-LAW.com

Posted May 30th, 2017 in compensation, confiscation, financial regulation, news by sally

‘Victims of a failed unauthorised collective investment scheme (UCIS) can expect to receive about 40% of their investment back after the regulator secured two final confiscation orders from some of the major players in the scheme.’

Full Story

OUT-LAW.com, 26th May 2017

Source: www.out-law.com

City watchdog claws back £2.2m for victims of land fraud – Daily Telegraph

Posted May 25th, 2017 in compensation, confiscation, financial regulation, fraud, news by tracey

‘Victims of a land investment scam are to receive almost £2.2m in compensation after money was clawed back by the City watchdog from the eight men who were convicted of the fraud following one of the biggest investigations by the regulator. The Financial Conduct Authority (FCA) has now secured confiscation orders against all eight defendants who were found to have taken over £5m from more than 100 investors through an unauthorised investment scheme that was focused on agricultural land.’

Full story

Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

Full story

Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

The Role in of Section.10a (s.10a)in Confiscation Order Enforcements – A Useful Tool for Local Authorities to get it Right First Time – Drystone Chambers

Posted May 16th, 2017 in confiscation, enforcement, local government, news, third parties by sally

‘On the 1st June 2015, the Serous Crime Act 2015 enacted section 10a of POCA 2002. The section is designed to allow Crown Courts to make a determination on third party rights at the confiscation hearing rather than leaving the decision to the enforcement hearing in the Magistrates Court or in another forum such as in the family courts.’

Full story (PDF)

Drystone Chambers, 15th May 2017

Source: www.drystone.com

Council hails £222k confiscation order – Law Society’s Gazette

Posted April 24th, 2017 in confiscation, local government, London, news, planning, proceeds of crime by tracey

‘Less than a month after local authority lawyers were told to consider the Proceeds of Crime Act (POCA) as a way to generate income, an East London council has announced its biggest court payout to date. The London Borough of Barking & Dagenham said that an east London landlord has been given a £222,000 confiscation order following a POCA application brought by the council before Snaresbrook Crown Court.’

Full story

Law Society’s Gazette, 24th April 2017

Source: www.lawgazette.co.uk

Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers

Posted April 6th, 2017 in confiscation, enforcement, news by sally

‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’

Full story (PDF)

Drystone Chambers, 5th April 2017

Source: www.drystone.com

Former Adams family gang boss loses cash case appeal – BBC News

Posted March 27th, 2017 in appeals, certificates of inadequacy, confiscation, disclosure, gangs, London, news by tracey

‘Former gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’

Full story

BBC News, 27th March 2017

Source: www.bbc.co.uk

Teenager who hacked TalkTalk website given rehabilitation order – The Guardian

Posted December 14th, 2016 in computer crime, confiscation, internet, news, rehabilitation, young offenders by sally

‘A 17-year-old who admitted hacking offences linked to the TalkTalk data breach has been given a 12-month youth rehabilitation order and had his smartphone and computer hard drive confiscated.’

Full story

The Guardian, 13th December 2016

Source: www.guardian.co.uk

CPS confiscates £4.2m from mortgage fraudster – Crown Prosecution Service

Posted November 23rd, 2016 in confiscation, Crown Prosecution Service, fraud, mortgages, press releases by tracey

‘A convicted mortgage fraudster has been stripped of more than £4 million in criminal assets after prosecutors forced him to sell off his property empire or face further time in prison.’

Full press release

Crown Prosecution Service, 18th November 2016

Source: www.cps.gov.uk

Reform of proceeds of crime laws by Law Commission urgently needed, says expert – OUT-LAW.com

‘The current regime of confiscation orders is failing to deprive criminals of the proceeds of their crimes. The Law Commission of England and Wales must seize the opportunity to reform the law in this area as part of its 13th programme of law reform.’

Full story

OUT-LAW.com, 8th November 2016

Source: www.out-law.com

Tobacco smuggler has Kent land seized to help meet £4m public debt – The Guardian

Posted October 24th, 2016 in confiscation, customs and excise, human rights, news, proceeds of crime by michael

‘A convicted tobacco smuggler has been stripped of a prime parcel of riverside land in Kent to meet his more than £4m debt to the public purse. ‘

Full story

The Guardian, 24th October 2016

Source: www.guardian.co.uk

Criminals should repay the proceeds of their crimes before release from prison, say MPs – The Independent

Posted July 18th, 2016 in confiscation, imprisonment, news, proceeds of crime by sally

‘Criminals who have failed to pay the proceeds gained from their crimes should not be released from prison until they have paid up, a new report suggests.’

Full story

The Independent, 15th July 2016

Source: www.independent.co.uk

New law to recoup crime money needed, say MPs – BBC News

Posted July 15th, 2016 in confiscation, news, proceeds of crime, reports, select committees by tracey

‘It should be a separate criminal offence to refuse to hand over money and assets derived from crime, a group of MPs has said. The system for enforcing confiscation orders imposed by the courts is not working, a report by the Home Affairs Select Committee added.’

Full story

Home Affairs select committee press release

BBC News, 15th July 2016

Source: www.bbc.co.uk

Regina v Malhi – WLR Daily

Regina v Malhi

‘In 2006 the defendant pleaded guilty to a charge of conspiracy to obtain property by deception. He was sentenced to 12 months’ imprisonment. In confiscation proceedings his criminal benefit was assessed at over £800,000 but, as he had no available assets, a confiscation order was made in the nominal sum of £1. Subsequently, the defendant having bought a house, the prosecution applied under section 22 of the Proceeds of Crime Act 2002 for reconsideration of the available amount. In July 2015 the amount of the confiscation order was varied from £1 to £108,010, the value of the defendant’s equity in the house, with five years’ imprisonment to be served in default of payment. The defendant made a late application for permission to appeal against conviction and sentence. The application was dismissed except that it was adjourned as to two of the proposed grounds of appeal, namely (i) that the default sentence was excessive because, at the time of the offence, the maximum period of imprisonment in default of payment of a confiscation order in relation to a sum between £100,00 and £250,000 was three years and the judge had therefore been wrong to have regard to the increased maximum period provided for in section 10 of the Serious Crime Act 2015 which, by regulation 3(g) of the Serious Crime Act 2015 (Commencement No 1) Regulations 2015 came into force on 1 June 2015; (ii) that the term imposed was manifestly excessive.’

WLR Daily, 30th June 2016

Source: www.iclr.co.uk

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

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

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

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

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

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