Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

Full Story

Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 – UKSC Blog

‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’

Full Story

UKSC Blog, 4th May 2022

Source: ukscblog.com

Police and Gambling Commission secure £140k confiscation order against defendant over illegal lotteries – Local Government Lawyer

Posted April 21st, 2022 in confiscation, gambling, news, proceeds of crime by sally

‘A Proceeds of Crime Act hearing has seen almost £140,000 confiscated from a man who ran illegal lotteries from Middlesbrough.’

Full Story

Local Government Lawyer, April 2022

Source: www.localgovernmentlawyer.co.uk

Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine – Property Law Blog

‘In the wake of Russia’s invasion of Ukraine, there have been widespread calls to expand the sanctions imposed on Russian oligarchs linked to President Vladmir Putin. According to reporting by the Financial Times, civil servants are currently “examining very carefully” what powers are needed to “swiftly acquire specific land and property owned by a sanctioned person, without the need to pay them compensation.”’

Full Story

Property Law Blog, 11th March 2022

Source: www.law.ox.ac.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

Full Story

Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Convicted people-smugglers ordered to pay over £30,000 in confiscation orders – Crown Prosecution Service

‘Four convicted people smugglers, who assisted in the unlawful immigration of 39 people from Vietnam who died in the back of a lorry in Essex, have been ordered to pay £31,493.47 in confiscation orders.’

Full Story

Crown Prosecution Service, 3rd March 2022

Source: www.cps.gov.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

SFO v Petrofac: Plea bargain versus DPAs and the importance of good compliance – 5SAH

‘On 4 October 2021, Petrofac Limited (“Petrofac”) was sentenced at Southwark Crown Court following guilty pleas to seven counts of failing to prevent bribery contrary to section 7 of the Bribery Act 2010. This followed a four-year corruption and money laundering investigation conducted by the Serious Fraud Office (“the SFO”) and the earlier guilty pleas of David Lufkin, former Global Head of Sales, who was sentenced on the same occasion. This followed pre-charge plea discussions between the parties with agreement being reached as to scope of the indictment and approach to sentencing.’

Full Story

5SAH, 19th October 2021

Source: www.5sah.co.uk

Confiscation and enforcement notices: the roll-back from Panayi – Carmelite Chambers

Posted June 24th, 2021 in appeals, chambers articles, confiscation, enforcement notices, news by sally

‘Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.’

Full Story

Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

Full Story

Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Police officers ‘took seized Bentley on Cheshunt drive’ – BBC News

Posted April 19th, 2021 in confiscation, news, police, professional conduct by tracey

‘Three Hertfordshire police officers who sped on a dual carriageway in a luxury car seized from its driver have been given a final written warning after being found guilty of gross misconduct.’

Full Story

BBC News, 18th April 2021

Source: www.bbc.co.uk

Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, confiscation, news, proceeds of crime by sally

‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’

Full Story

5SAH, 8th March 2021

Source: www.5sah.co.uk

Judge orders defendant to pay back £90,000 after Right to Buy fraud – Local Government Lawyer

‘A defendant who admitted fraud under the Right to Buy scheme has been ordered to pay back more than £90,000.’

Full Story

Local Government Lawyer, 29th March 2021

Source: www.localgovernmentlawyer.co.uk

Partners and Confiscation – Carmelite Chambers

‘Data from 2019 suggests that 26% of prosecutions brought against women, of which only 10% are for indictable offences. The same data indicates that women account for just 5% of the prison population.’

Full Story

Carmelite Chambers, March 2021

Source: www.carmelitechambers.co.uk

Partners and Confiscation – Carmelite Chambers

‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’

Full Story

Carmelite Chambers, 10th March 2021

Source: www.carmelitechambers.co.uk

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

Full Story

Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

Full Story

The Guardian, 28th February 2021

Source: www.theguardian.com

Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH

Posted February 11th, 2021 in chambers articles, confiscation, drug offences, news, pleadings, proceeds of crime by sally

‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’

Full Story

5SAH, 11th February 2021

Source: www.5sah.co.uk

Guidance on the approach to applications under section 10A of POCA 2002—civil rules and the family home (R v Forte) – 5SAH

‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’

Full Story

5SAH, 30th November 2020

Source: www.5sah.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

Full Story

CrimeCast.Law, 24th November 2020

Source: crimecast.law