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

Wyvern Media scam: Fraudster ordered to repay £1.2m to victims – BBC News

Posted May 15th, 2017 in advertising, fraudulent trading, news, proceeds of crime, sentencing by sally

‘A man who was jailed for running a cold-call scam in which hundreds of customers were defrauded has been ordered to repay £1.2m to his victims.’

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BBC News, 12th May 2017

Source: www.bbc.co.uk

Criminal Finances Bill receives Royal Assent – Home Office

‘The Criminal Finances Act 2017 will give law enforcement agencies and partners, further capabilities and powers to recover the proceeds of crime, tackle money laundering, tax evasion and corruption, and combat the financing of terrorism.’

Full press release

Home Office, 27th April 2017

Source: www.gov.uk/home-office

Council hails £222k confiscation order – Law Society’s Gazette

Posted April 24th, 2017 in confiscation, local government, London, news, planning, proceeds of crime by tracey

‘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.’

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Law Society’s Gazette, 24th April 2017

Source: www.lawgazette.co.uk

A Change is Coming – The Criminal Finance Bill and the Changes it will Bring to the Asset Recovery Landscape – Drystone Chambers

Posted February 21st, 2017 in bills, news, proceeds of crime, tax evasion by sally

‘Radical change to the Proceeds of Crime Act is coming. Below I summarise four of the areas of key changes to POCA 2002.’

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Dystone Chambers, 26th January 2017

Source: www.drystone.com

Millionaire who killed his wife sued by sons for ‘profiting’ from murder – The Guardian

Posted February 16th, 2017 in appeals, children, divorce, domestic violence, families, murder, news, proceeds of crime by sally

‘A millionaire businessman who stabbed his wife to death in the midst of a bitter divorce row is being sued for £1.5m by his two sons.’

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The Guardian, 15th February 2017

Source: www.guardian.co.uk

Reform of proceeds of crime laws by Law Commission urgently needed, says expert – OUT-LAW.com

‘The current regime of confiscation orders is failing to deprive criminals of the proceeds of their crimes. The Law Commission of England and Wales must seize the opportunity to reform the law in this area as part of its 13th programme of law reform.’

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OUT-LAW.com, 8th November 2016

Source: www.out-law.com

Tobacco smuggler has Kent land seized to help meet £4m public debt – The Guardian

Posted October 24th, 2016 in confiscation, customs and excise, human rights, news, proceeds of crime by michael

‘A convicted tobacco smuggler has been stripped of a prime parcel of riverside land in Kent to meet his more than £4m debt to the public purse. ‘

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The Guardian, 24th October 2016

Source: www.guardian.co.uk

New legislation to attack criminal finances – Home Office

Posted October 17th, 2016 in corruption, money laundering, press releases, proceeds of crime, terrorism by tracey

‘New legislation to tackle money laundering and corruption, recover the proceeds of crime and counter terrorist financing was published today.’

Full press release

Home Office, 13th October 2016

Source: www.gov.uk/home-office

Police to hire law firms to tackle cyber criminals in radical pilot project – The Guardian

‘Private law firms will be hired by police to pursue criminal suspects for profit, under a radical new scheme to target cyber criminals and fraudsters.’

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The Guardian, 14th August 2016

Source: www.guardian.co.uk

Cybercriminal “Sir King Cash” ordered to pay back over half a million pounds – Crown Prosecution Service

‘Fraudster Sean Benson, who went by the screen name “Sir King Cash”, has been ordered to pay back £554,000 by a judge at Southwark Crown Court. Benson now has three months in which to pay back the money or face a further five years in jail. All of the money will be paid back to the victims of the fraud.’

Full press release

Crown Prosecution Service, 29th July 2016

Source: www.cps.gov.uk

Criminals should repay the proceeds of their crimes before release from prison, say MPs – The Independent

Posted July 18th, 2016 in confiscation, imprisonment, news, proceeds of crime by sally

‘Criminals who have failed to pay the proceeds gained from their crimes should not be released from prison until they have paid up, a new report suggests.’

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The Independent, 15th July 2016

Source: www.independent.co.uk

New law to recoup crime money needed, say MPs – BBC News

Posted July 15th, 2016 in confiscation, news, proceeds of crime, reports, select committees by tracey

‘It should be a separate criminal offence to refuse to hand over money and assets derived from crime, a group of MPs has said. The system for enforcing confiscation orders imposed by the courts is not working, a report by the Home Affairs Select Committee added.’

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Home Affairs select committee press release

BBC News, 15th July 2016

Source: www.bbc.co.uk

Regina v Malhi – WLR Daily

Regina v Malhi

‘In 2006 the defendant pleaded guilty to a charge of conspiracy to obtain property by deception. He was sentenced to 12 months’ imprisonment. In confiscation proceedings his criminal benefit was assessed at over £800,000 but, as he had no available assets, a confiscation order was made in the nominal sum of £1. Subsequently, the defendant having bought a house, the prosecution applied under section 22 of the Proceeds of Crime Act 2002 for reconsideration of the available amount. In July 2015 the amount of the confiscation order was varied from £1 to £108,010, the value of the defendant’s equity in the house, with five years’ imprisonment to be served in default of payment. The defendant made a late application for permission to appeal against conviction and sentence. The application was dismissed except that it was adjourned as to two of the proposed grounds of appeal, namely (i) that the default sentence was excessive because, at the time of the offence, the maximum period of imprisonment in default of payment of a confiscation order in relation to a sum between £100,00 and £250,000 was three years and the judge had therefore been wrong to have regard to the increased maximum period provided for in section 10 of the Serious Crime Act 2015 which, by regulation 3(g) of the Serious Crime Act 2015 (Commencement No 1) Regulations 2015 came into force on 1 June 2015; (ii) that the term imposed was manifestly excessive.’

WLR Daily, 30th June 2016

Source: www.iclr.co.uk

Landlord sentenced after admitting conspiring to defraud council – Local Government Lawyer

‘A landlord has been sentenced to 17 months in prison suspended for 12 months after she admitted conspiring to defraud a district council.’

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Local Government Lawyer, 17th June 2016

Source: www.localgovernmentlawyer.co.uk

Code of Practice Issued Under the Proceeds of Crime Act 2002 – Attorney General’s Office

Posted June 16th, 2016 in codes of practice, proceeds of crime by tracey

‘The operation by prosecutors of investigation powers within POCA are subject to guidance issued by the Attorney General and the Advocate General for Northern Ireland in a code of practice. This code of practice has been revised to take account of certain provisions in the Serious Crime Act 2015 and the full extension of POCA powers to Northern Ireland.’

Full text

Attorney General’s Office, 10th June 2016

Source: www.gov.uk/ago

Dentist jailed for extracting £1m out of patients and friends in six-year property investment con – Daily Telegraph

Posted June 7th, 2016 in bankruptcy, dentists, elderly, fraud, news, proceeds of crime, sentencing by tracey

‘A dentist who extracted more than £1 million from patients and friends in property investment con has been jailed for six years.’

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Daily Telegraph, 7th June 2016

Source: www.telegraph.co.uk

Biggest reforms to money laundering regime in over a decade – Home Office

Posted April 22nd, 2016 in money laundering, press releases, proceeds of crime, terrorism by tracey

‘The Home Secretary has set out the most significant changes to the UK’s anti-money laundering and terrorist finance regime in over a decade.’

Full press release

Home Office, 21st April 2016

Source: www.gov.uk/home-office