‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’
Local Government Lawyer, 7th February 2018
Source: www.localgovernmentlawyer.co.uk
‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’
UK Police Law Blog, 6th February 2018
Source: ukpolicelawblog.com
‘The four ringleaders jailed for the audacious Hatton Garden raid must pay back more than £6m between them or each serve another seven years in prison, a judge has ruled.’
The Guardian, 30th January 2018
Source: www.theguardian.com
‘The issue in the appeal is whether interest is included in the starting point under the Magistrates’ Courts Act 1980, s 79(2) for the giving of proportionate credit for part payment of a confiscation order.’
UKSC Blog, 24th January 2018
Source: ukscblog.com
‘Two brothers jailed for modern slavery have been ordered to repay £167,650 in criminal gains.’
BBC News, 22nd January 2018
Source: www.bbc.co.uk
‘The gang behind the Hatton Garden Safe Deposit raid will face more time in jail unless they pay back almost £14 million, a confiscation hearing has heard.’
Daily Telegraph, 15th January 2018
Source: www.telegraph.co.uk
‘A fraudster who stole millions of pounds from his employer to spend on lavish properties and jewellery has had his home in Kent sold for £2.7 million to pay as compensation to the company he defrauded.’
Crown Prosecution Service, 15th January 2018
Source: www.cps.gov.uk
‘One of London’s most notorious former crime bosses has paid back almost three quarters of a million pounds in ill gotten gains, after being warned he would go back to prison if he failed to pay.’
Daily Telegraph, 8th December 2017
Source: www.telegraph.co.uk
‘“The corporate veil” is a much discussed, but much misunderstood phrase. When Lord Halsbury LC stated in Salomon v A Salomon and Co Ltd [1897] AC 22 that a limited liability company was to be viewed ‘like any other independent person with its rights and liabilities appropriate to itself’ he imbedded in law the idea of corporations having a separate legal identity from their directors. That principle is agreed. What has been in dispute, and is still uncertain to a degree, is when that separation can be made. ‘
Drystone Chambers, 4th December 2017
Source: drystone.com
‘A Blackpool bar owner must pay a total of £336,000 in confiscation, a fine and costs for a lengthy breach of planning conditions.’
Local Government Lawyer, 14th November 2017
Source: www.localgovernmentlawyer.co.uk
‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’
Home Office, 31st July 2017
Source: www.gov.uk
‘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.’
OUT-LAW.com, 26th May 2017
Source: www.out-law.com
‘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.’
Daily Telegraph, 24th May 2017
Source: www.telegraph.co.uk
‘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.’
Local Government Lawyer, 19th May 2017
Source: www.localgovernmentlawyer.co.uk
‘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
‘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.’
Law Society’s Gazette, 24th April 2017
Source: www.lawgazette.co.uk
‘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 gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’
BBC News, 27th March 2017
Source: www.bbc.co.uk
‘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.’
The Guardian, 13th December 2016
Source: www.guardian.co.uk
‘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.’
Crown Prosecution Service, 18th November 2016
Source: www.cps.gov.uk
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