The Court of Appeal provides guidance on unexplained wealth orders in NCA v Hajiyeva – 5 SAH

Posted February 26th, 2020 in appeals, chambers articles, fraud, married persons, news, proceeds of crime by sally

‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’

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5 SAH, 25th February 2020

Source: www.5sah.co.uk

Jailed banker’s wife at centre of first McMafia order loses appeal to have case dismissed – The Independent

Posted February 7th, 2020 in appeals, banking, fraud, married persons, news, proceeds of crime by tracey

‘The wife of a jailed “fat cat banker” who splurged millions at Harrods has lost her appeal over the UK’s first so-called McMafia wealth order.’

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The Independent, 6th February 2020

Source: www.independent.co.uk

Jailed solicitor must repay £3m or face more prison time – Legal Futures

‘A jailed solicitor involved in the UK’s biggest ever tax fraud must repay £3m of his ill-gotten gains or face a further nine years in prison, a judge at the Old Bailey has ruled.’

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Legal Futures, 18th December 2019

Source: www.legalfutures.co.uk

Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian

Posted December 13th, 2019 in appeals, disclosure, extradition, families, fraud, married persons, news, proceeds of crime by sally

‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Account freezing orders: at what cost? – Doughty Street Chambers

Posted December 10th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘Last week, the National Crime Agency deployed account freezing orders to secure £190 million held in the UK. Malik Riaz, a property developer and one of the biggest employers in Pakistan, reportedly agreed to pay £190 million in order to conclude an investigation into the funds[1]. The agreement followed the obtaining, in August 2019, of eight account freezing orders at Westminster City Magistrates’ Court in connection with funds held in the UK totalling around £120 million (the final settlement includes a UK property valued at £50 million). The assets are to be returned to the State of Pakistan.’

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Doughty Street Chambers, 10th December 2019

Source: insights.doughtystreet.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk

Pakistani tycoon agrees to hand over £190m to UK authorities – The Guardian

Posted December 4th, 2019 in bribery, corruption, fraud, news, proceeds of crime by tracey

‘More than £190m of assets, including a £50m mansion overlooking Hyde Park in London, have been seized from a Pakistani property tycoon after a settlement in a UK police “dirty money” investigation.’

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The Guardian, 3rd December 2019

Source: www.theguardian.com

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

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Drystone Chambers, October 2019

Source: drystone.com

Legal Expenses and Variations for Living Expenses in Account Freezing Orders (AFOS) – Drystone Chambers

Posted October 29th, 2019 in expenses, fees, freezing injunctions, news, proceeds of crime by sally

‘This article will deal with how to withdraw legal and living expenses from an Account Freezing Order (‘AFO’). Like all freezing or restraint proceedings under the Proceeds of Crime Act 2002 (‘POCA’), living expenses can be paid from the account where they are reasonable and continue the current lifestyle of the owner of the account.’

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Drystone Chambers, October 2019

Source: drystone.com

When is a Bank Account not a Bank Account Under Account Freezing and Forfeiture Orders? – Drystone Chambers

Posted October 29th, 2019 in banking, forfeiture, news, proceeds of crime by sally

‘As part of my series on AFO’s I am going to discuss what accounts can be frozen by Account Freezing Orders (‘AFO’s). Although the requirements under section 303Z5 setting out what a bank is seem straightforward, it can be hard in practice to determine when a bank account is not a bank account. It has, in my experience, caused a number of AFO’s to be discharged; this is where orders have frozen Forex trading accounts, ISA fund accounts, or other accounts which contain money but do not.’

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Drystone Chambers, October 2019

Source: drystone.com

Banker’s wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges – Daily Telegraph

‘A banker’s wife who spent £16million during a series of shopping sprees in Harrods has escaped extradition back to Azerbaijan on fraud charges.’

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Daily Telegraph, 26th September 2019

Source: www.telegraph.co.uk

Couple must repay £10.4 million after ripping off struggling firms to live high life on yachts – Crown Prosecution Service

Posted September 13th, 2019 in assets recovery, banking, bankruptcy, fraud, loans, news, proceeds of crime by tracey

‘A couple who made a fortune bankrupting companies to fund their lavish lifestyle have today been ordered to repay more than £10million.’

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Crown Prosecution Service, 12th September 2019

Source: www.cps.gov.uk

Albanian crime boss who ran multi-million pound drugs racked ordered to pay only £14,380 – Daily Telegraph

‘An Albanian drugs kingpin who ran a multi-million pound cocaine racket only has to pay back £14,380 after the Crown Prosecution Service (CPS) requested a “risible” sum, a judge has complained.’

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Daily Telegraph, 4th September 2019

Source: www.telegraph.co.uk

Failure to pay confiscation order leaves recycling fraudster facing further eight years in prison – Local Government Lawyer

Posted September 3rd, 2019 in assets recovery, confiscation, fraud, news, proceeds of crime, waste by sally

‘A defendant convicted of defrauding the electrical waste recycling industry has been sentenced to prison for a further eight years after he failed to meet a £1.3m confiscation order.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Bitcoin worth £900,000 seized from hacker to compensate victims – The Guardian

‘A judge has ordered the confiscation of bitcoin worth more than £900,000 from a jailed hacker in the first case of its kind for the Metropolitan police.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Hatton Garden raider jailed again for failing to hand back money – The Guardian

Posted August 2nd, 2019 in burglary, news, proceeds of crime, sentencing by tracey

‘The Hatton Garden heist ringleader John “Kenny” Collins has been sent back to prison after failing to pay back millions of pounds stolen in the raid.’

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The Guardian, 2nd August 2019

Source: www.theguardian.com

Clapham G4S driver who stole nearly £900,000 jailed – BBC News

Posted July 29th, 2019 in news, proceeds of crime, sentencing, theft by sally

‘A G4S driver has been jailed for four years and eight months for stealing £889,440 in cash from one of the security firm’s vans.’

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BBC News, 26th July 2019

Source: www.bbc.co.uk

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’

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Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Fraud surgeon who claimed break-in at Luton home keeps items

Posted April 15th, 2019 in evidence, fraud, news, proceeds of crime, search & seizure by michael

‘Thousands of pounds worth of antiques that a hospital surgeon claimed had been stolen from him are still “under his control”, despite him being jailed.’

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BBC News, 13th April 2019

Source: www.bbc.co.uk

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk