Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News

‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’

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BBC News, 7th October 2020

Source: www.bbc.co.uk

‘Basil’ from the Hatton Garden security vault heist ordered to pay almost £6million – Crown Prosecution Service

‘One of the ringleaders from the Hatton Garden security vault heist has today been ordered to pay £5,997,684.93. Michael Seed, known as “Basil”, 58, was convicted in March 2019 for his part in the £13.69 million heist, believed to be one of the largest burglaries in English history.’

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Crown Prosecution Service, 1st October 2020

Source: www.cps.gov.uk

Law Commission consults on reforms to confiscation regime – Local Government Lawyer

Posted September 22nd, 2020 in confiscation, consultations, enforcement, Law Commission, news, proceeds of crime by sally

‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds – Local Government Lawyer

‘The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

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5SAH, 30th July 2020

Source: www.5sah.co.uk

5SAH Business Crime – July 2020 Update – 5SAH

‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’

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5SAH, 6th July 2020

Source: www.5sah.co.uk

Criminals’ ‘go-to’ solicitor struck off while in jail – Legal Futures

‘A solicitor who was the ‘go to’ lawyer for a gang of criminals because he would not ask too many questions about where their money came has been struck off while serving seven years in jail.’

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Legal Futures, 7th July 2020

Source: www.legalfutures.co.uk

Case Preview: R v Hilton (Northern Ireland) – UKSC Blog

Posted June 30th, 2020 in confiscation, news, Northern Ireland, proceeds of crime, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’

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UKSC Blog, 30th June 2020

Source: ukscblog.com

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

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Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Bedlington man who enslaved homeless men must pay £275k – BBC News

Posted June 2nd, 2020 in forced labour, homelessness, news, proceeds of crime by sally

‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’

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BBC News, 1st June 2020

Source: www.bbc.co.uk

National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group

‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’

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The 36 Group, 4th May 2020

Source: 36group.co.uk

Section 22 applications in light of the current crisis and the subsequent economic downturn – Drystone Chambers

Posted May 7th, 2020 in chambers articles, coronavirus, news, proceeds of crime by sally

‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’

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Drystone Chambers, 28th April 2020

Source: drystone.com

A ‘setback’ for unexplained wealth orders – Law Society’s Gazette

Posted April 27th, 2020 in corruption, news, proceeds of crime, unexplained wealth orders by sally

‘On 8 April, two prominent Kazakhstan citizens successfully persuaded the High Court to discharge three unexplained wealth orders (National Crime Agency v Baker and ors [2020] EWHC 822 (Admin)).’

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Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Unexplained Wealth Orders Discharged – 23 Essex Street

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, whistleblowers by sally

‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’

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23 Essex Street, 8th April 2020

Source: www.23es.com

Unexplained Wealth Orders by Samreen Akhtar – Broadway House Chambers

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, unexplained wealth orders by sally

‘On 08 April 2020, Nurali Aliyev and his mother, Dariga Nazarbayeva, won a High Court challenge against Unexplained Wealth Orders (“UWOs”) that were obtained by the National Crime Agency (“NCA”). The UWOs centred on three properties based in London and valued in excess of £80m. Dr Nazarbayeva is a politician in Kazakhstan and the daughter of the former Kazakh president Nursultan Nazarbayev. The NCA, who suspected that the properties had been purchased using money embezzled by Mr Aliyev’s deceased father, have indicated that they will be appealing the High Court decision.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

McMafia Order Misses the Mark – The Limitations of Unexplained Wealth Orders – 5SAH

‘Unexplained Wealth Orders (“UWOs”) have frequently been in the headlines since they came into force on 31 January 2018. They have been described in the media as, “McMafia Orders” and advertised as a new weapon in the war on illicit assets, creating an impression that they would single-handedly tackle the reputation of the United Kingdom as a haven for dirty money. The reality, as most lawyers recognise, is that UWOs are simply a type of disclosure order which have, as Lang J was keen to stress in her judgment in the case of NCA v Baker [2020] EWCA 822 (Admin) at para. 61 a, “relatively limited purpose”. They can “fill in the gap” when investigators cannot rely on full co-operation from other jurisdictions (e.g. the former Soviet states and the Caribbean tax havens).’

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5SAH, 10th April 2020

Source: www.5sah.co.uk