Appeal court says criminals’ wives’ assets untouchable – The Independent

Posted June 23rd, 2008 in confiscation, married persons, news, proceeds of crime by sally

“Millions of pounds worth of criminal assets, including luxury homes and jewellery, will remain out of the reach of the state after a landmark ruling by the Appeal Court.”

Full story

The Independent, 23rd June 2008

Source: www.independent.co.uk

Gibson v Revenue and Customs Prosecution Office – WLR Daily

Posted June 16th, 2008 in confiscation, drug trafficking, law reports, married persons by sally

Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645; [2008] WLR (D) 189

“The wife of a convicted drug dealer was entitled to keep her interest in the matrimonial home despite a finding in confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The Drug Trafficking Act 1994 did not give the court power to bring her share of the equity in the matrimonial home within the confiscation order, since the assets were hers without any court order in her favour.”

WLR Daily, 12th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jennings v Crown Prosecution Service – WLR Daily

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153

“Orders for the confiscation criminal assets, or orders restraining the disposal of property pending the hearing of a confiscation order, were to be made in respect of property which the person had actually obtained, not property he had merely helped others to obtain.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Green – WLR Daily

Posted May 19th, 2008 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Green [2008] UKHL 30; [2008] WLR (D) 152

The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v May – WLR Daily

Posted May 19th, 2008 in confiscation, law reports, proceeds of crime by sally

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jennings v Crown Prosecution Service – Times Law Reports

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service

House of Lords

“Confiscation orders, or restraint of property orders pending the making of such orders, were to be made in respect of property which the person had actually obtained, not that he had merely helped others to obtain.”

The Times, 19th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v May – Times Law Reports

Posted May 15th, 2008 in confiscation, law reports, proceeds of crime by sally

Regina v May

House of Lords

“Where codefendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

The Times, 15th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Drugs offender keeps £4.5m after 30 barristers refuse to take case – The Times

Posted May 6th, 2008 in barristers, confiscation, fees, legal aid, news by sally

“A convicted drugs offender has escaped a confiscation order for up to £4.5 million of his assets because legal aid barristers would not take on the case for the fixed fee of £175.25 a day.”

Full story

The Times, 6th May 2008

Source: www.timesonline.co.uk

Soca ‘failed’ to freeze cash of top criminals – Daily Telegraph

Posted March 17th, 2008 in confiscation, news, proceeds of crime by sally

“Police have yet to use powers to freeze suspected gangsters’ finances two years after the high-profile launch of an agency to tackle serious crime.”

Full story

Daily Telegraph, 17th March 2008

Source: www.telegraph.co.uk

Tougher measures for drug dealers – BBC News

Posted February 27th, 2008 in confiscation, drug trafficking, news, proceeds of crime by sally

“Suspected drug dealers’ assets could be seized on arrest, rather than charge, under ministers’ new drugs strategy.”

Full story

BBC News, 27th February 2008

Source: www.bbc.co.uk

Drug dealers to have assets seized on arrest – Daily Telegraph

Posted February 25th, 2008 in confiscation, drug trafficking, news, proceeds of crime by sally

“Police will be able to seize high-value assets from suspected drug dealers as soon as they are arrested under plans to be unveiled this week by Jacqui Smith, the Home Secretary.”

Full story

Daily Telegraph, 24th February 2008

Source: www.telegraph.co.uk

Bailiffs ‘unlawfully enter homes’ – BBC News

Posted January 21st, 2008 in bailiffs, confiscation, news by sally

“Bailiffs are illegally entering homes to confiscate people’s possessions, the National Debtline has warned.”

Full story

BBC News, 19th January 2008

Source: www.bbc.co.uk

Corrupt MoD official can keep £1.5m – The Guardian

Posted January 18th, 2008 in civil servants, confiscation, fraud, news by sally

“A corrupt civil servant behind one of the biggest frauds in Whitehall history has managed to avoid paying anything towards a £1.5m confiscation order because the Crown Prosecution Service delayed enforcing it for 11 years, the Guardian has learned.”

Full story

The Guardian, 18th January 2008

Source: www.guardian.co.uk

Court orders jailed financier to surrender £41m – The Times

Posted November 14th, 2007 in confiscation, fraud, news, proceeds of crime by sally

“Gerald Smith, a doctor-turned-financier who is serving eight years in prison for defrauding an internet business, was ordered to surrender £41 million yesterday in the largest confiscation order in British criminal proceedings.”

Full story

The Times, 14th November 2007

Source: www.timesonline.co.uk

R (Faithfull) v Crown Court at Ipswich – WLR Daily

Posted October 31st, 2007 in compensation, confiscation, judicial review, law reports by sally

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Crime assets agency ‘ill-planned’ – BBC News

Posted October 12th, 2007 in confiscation, news, proceeds of crime by sally

“The setting up of a government agency to seize criminals’ wealth was ill-planned and unrealistic, an influential group of MPs has said.”

Full story

BBC News, 11th October 2007

Source: www.bbc.co.uk  

‘Impoverished’ fraudster accused of hiding £33m – The Times

Posted September 20th, 2007 in confiscation, fraud, news, proceeds of crime by sally

“Britain’s worst tax fraudster is using ‘smoke and mirrors’ to avoid paying back his illegally-gained fortune, a court heard yesterday.”

Full story

The Times, 19th September 2007

Source: www.timesonline.co.uk

Stash and grab – The Lawyer

Posted June 19th, 2007 in confiscation, special report by sally

“The confiscation penalties under the Proceeds of Crime Act highlight the UK Government’s commitment to tackling organised crime. By Gareth Rees QC and Jason Mansell.”

Full story

The Lawyer, 18th June 2007

Source: www.thelawyer.com

Regina v. Green – Times Law Reports

Posted June 15th, 2007 in confiscation, conspiracy, law reports by sally

Conspirators each liable for full compensation

Regina v. Green

Court of Appeal (Criminal Division)

“Where two or more persons acting together as principals in a drug-trafficking offence jointly received payment or reward in connection with that offence, the value of each person’s proceeds for confiscation purposes included the whole value of that payment or reward.”

The Times, 15th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Record £125m in assets recovered from criminals – The Guardian

Posted May 24th, 2007 in confiscation, news by sally

“Luxury mansions, classic cars ranging from Bentleys to Lamborghinis, millions in cash and even racehorses are among the record £125m-worth of assets recovered from criminals in the last year. Claiming the seizures as a great success, the Home Office will today announce greater powers to confiscate criminals’ wealth.”

Full story

The Guardian, 24th May 2007

Source: www.guardian.co.uk