Extensions of Moratorium Periods and How it Can Be Challenged – Drystone Chambers

Posted August 9th, 2018 in freezing injunctions, news, proceeds of crime, time limits by sally

‘The NCA now have the power to extend the moratorium period on Suspected Activity Reports (SAR) by 31 days, up to a total of 186 days. This is due to the amendment of the Proceeds of Crime Act 2002 (‘the Act’), by the Criminal Finance Act 2017. It is usually clear to an interested party when this is happening, due to delay from the banks in releasing their money. The banks cannot confirm this due to the tipping off provisions.’

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Drystone Chambers, July 2018

Source: drystone.com

Asset Seizures – An Overview of the New POCA Powers Brought in Under Criminal Finance Act 2017 – Drystone Chambers

Posted August 9th, 2018 in forfeiture, news, proceeds of crime by sally

‘The last tranche of the Criminal Finance Act 2017 (‘CFA’) was enacted on the 17th of April 2018, which put in place the laws in relation to the forfeiture of movable property. For the ease of purpose, I have called this asset seizure, to bring it into its rightful place along with account and cash seizures.’

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Drystone Chambers, July 2018

Source: drystone.com

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

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Drystone Chambers, July 2018

Source: drystone.com

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets – Family Law

Posted July 11th, 2018 in confiscation, divorce, fraud, matrimonial home, news, proceeds of crime by tracey

‘The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.’

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Family Law, 11th July 2018

Source: www.familylaw.co.uk

Surrey sex dungeon couple must pay £45,000 after court hears they ignored order to shut down – Daily Telegraph

Posted June 4th, 2018 in news, proceeds of crime, sex establishments by sally

‘A couple who owned a sex dungeon in Surrey have been ordered to pay £45,000 after the court heard they ran the den despite being told to shut it down.’

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Daily Telegraph, 1st June 2018

Source: www.telegraph.co.uk

London borough secures its largest ever confiscation order for planning breaches – Local Government Lawyer

Posted May 30th, 2018 in confiscation, costs, fines, local government, news, planning, proceeds of crime by sally

‘Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Drug dealer has confiscation order increased nine years after conviction – Crown Prosecution Service

‘A drug dealer has had his confiscation order increased by £1.8million almost a decade after his original conviction following an application by the Crown Prosecution Service.’

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Crown Prosecution Service, 4th May 2018

Source: www.cps.gov.uk

Businessman illegally raised value of home by chopping down protected trees – Daily Telegraph

Posted May 2nd, 2018 in environmental protection, news, proceeds of crime, sale of land, trees by tracey

‘A wealthy businessman illegally cut down 11 protected trees on his land to give himself a bigger back garden, a court has heard.’

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Daily Telegraph, 2nd May 2018

Source: www.telegraph.co.uk

Police officer who stole drugs ordered to repay £135,000 – Crown Prosecution Service

‘A police officer who stole and sold the illegal drugs he was meant to dispose of has been ordered to pay back more than £135,000.’

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Crown Prosecution Service, 24th April 2018

Source: www.cps.gov.uk

Former Stephen Lawrence suspect Neil Acourt ordered to repay drug money – BBC News

Posted April 13th, 2018 in confiscation, drug trafficking, news, proceeds of crime by tracey

‘A former suspect in the murder of Stephen Lawrence has been ordered to repay £6,000 reaped from a drug ring or face more time behind bars.’

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BBC News, 12th April 2018

Source: www.bbc.co.uk

Benefits fraudster ordered to pay back £190,000 – Crown Prosecution Service

Posted April 9th, 2018 in benefits, fraud, press releases, proceeds of crime, repayment by tracey

‘A woman who was jailed for making false benefit claims – including lying that she needed 24-hour care – has been ordered to pay back £189,725 to the taxpayer.’

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Crown Prosecution Service, 6th April 2018

Source: www.cps.gov.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by tracey

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

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Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

Criminal landlords could lose all earnings after court ruling – The Guardian

Posted February 2nd, 2018 in landlord & tenant, local government, news, proceeds of crime by sally

‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’

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The Guardian, 1st February 2018

Source: www.theguardian.com

Code of practice issued under section 377A of the Proceeds of Crime Act 2002 – Official Publications

‘This amended code provides guidance on the use of investigation powers under the Proceeds of Crime Act (POCA) 2002 by prosecutors (in England and Wales and Northern Ireland) and has been updated following amendment of POCA by the Criminal Finances Act 2017.’

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Official Publications, 31st January 2018

Source: www.gov.uk/government/publications

Terry Adams pays back £750,000 from proceeds of crime – Daily Telegraph

‘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.’

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Daily Telegraph, 8th December 2017

Source: www.telegraph.co.uk

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

Art dealer who stole celebrity portraits of the Rolling Stones, Princess Diana and Bob Dylan jailed for four years – The Independent

Posted September 13th, 2017 in artistic works, fraud, imprisonment, news, proceeds of crime, sentencing, theft by tracey

‘A Cotswold art dealer who stole nearly £500,000 worth of artworks, including paintings by the Rolling Stones’ Ronnie Wood, from clients, has been jailed for four years.’

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The Independent, 13th September 2017

Source: www.independent.co.uk

Lawfulness of search warrant and detention irrelevant to forfeiture of cash – UK Police Law Blog

Posted August 11th, 2017 in forfeiture, money laundering, news, proceeds of crime, search & seizure, warrants by tracey

‘In Campbell v Bromley Magistrates’ Court [2017] EWCA Civ 1161 the Court of Appeal has confirmed that that there are no “fruits of the forbidden tree” consequences when it comes to the forfeiture of cash seized in accordance with Chapter 3 of the Proceeds of Crime Act 2002 (“POCA”).’

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UK Police Law Blog, 10th August 2017

Source: ukpolicelawblog.com

Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘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.’

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Home Office, 31st July 2017

Source: www.gov.uk

Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers

‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’

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Drystone Chambers, 30th May 2017

Source: drystone.com