“The widow of a Royal Navy diver has been jailed after admitting fraudulently pocketing more than £144,000 from the Armed Forces’ pension scheme.”
Daily Telegraph, 29th August 2012
Source: www.telegraph.co.uk
Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840; [2012] WLR (D) 247
“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”
WLR Daily, 8th August 2012
Source: www.iclr.co.uk
“A disclosure order obtained in civil recovery proceedings did not authorise sending information notices to persons who were outside the United Kingdom.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
“UKBA v Tuncel and Basbaydar [2012] EWHC 402 (Admin) is a decision of the High Court that is potentially significant in the field of cash seizure and forfeiture proceedings under Pt 5 Ch 3 of the Proceeds of Crime Act 2002.”
Halsbury’s Law Exchange, 12th July 2012
Source: www.halsburyslawexchange.co.uk
“Albanian car wash owner Defrim Paci, has been ordered to handover £60,000 of his criminal earnings after he was found guilty of employing illegal immigrants in the UK and laundering money.”
UK Border Agency. 24th May 2012
Source: www.ukba/homeoffice.gov.uk
Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156
“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118
“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”
WLR Daily, 18th April 2012
Source: www.iclr.co.uk
“A man who ran an international prostitution ring will have to hand over £1.9m of his criminal profits after losing a court appeal.”
BBC News, 23rd March 2012
Source: www.bbc.co.uk
In re Peacock (Secretary of State for the Home Dept intervening): [2012] UKSC 5; [2012] WLR (D) 42
“Where a compensation order had been made against a convicted drug trafficker under the Drug Trafficking Act 1994 (which applied where the relevant conviction was before 24 March 2003) to recover an amount equal to his benefit from that criminal activity, but the actual amount of the order was for a lesser sum as being his only realisable assets at the time of conviction, the court could later increase the amount of the order under section 16 of the Act to take account of assets he had legitimately acquired after release from prison.”
WLR Daily, 22nd February 2012
Source: www.iclr.co.uk
“A drugs gang ‘Mr Big’ who smuggled £25 million of cannabis into the UK from Holland in lorry loads of flowers has been ordered to pay £2.6 million.”
The Independent, 17th February 2012
Source: www.independent.co.uk
“John Kennedy followed his father’s wishes when he died, sharing the money from a compensation payout with the rest of the family, but he ended up in prison as a result.”
BBC News, 19th January 2012
Source: www.bbc.co.uk
“On 26th October 2011 the Supreme Court gave judgment in the first Part V [civil recovery] case Proceeds of Crime Act 2002 (‘POCA’) to reach the highest court in the land.”
23 Essex Street, 10th November 2011
Source: www.23es.com
“A student who stole 299 rare bird skins from a Hertfordshire museum had been ordered to pay £125,150 under the Proceeds of Crime Act.”
BBC News, 30th July 2011
Source: www.bbc.co.uk
“The Government today promised a ‘much tougher approach to organised crime’ as it outlined a new strategy to tackle drug gangs and fraudsters.”
The Independent, 28th July 2011
Source: www.independent.co.uk
“In the circumstances which arose the Serious Organised Crime Agency (‘SOCA’) was entitled to invoke the equitable doctrine of marshalling and in effect to be subrogated to a second charge over a property as security for the shortfall left unsatisfied following the sale of other properties.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
Serious Organised Crime Agency v Perry and others (No 2) [2011] EWCA Civ 578; [2011] WLR (D) 164
“A court in England and Wales had the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside the jurisdiction, whether moveable or immoveable.”
WLR Daily, 18th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
Regina v Bajwa and others [2011] EWCA Crim 1093; [2011] WLR (D) 151
“In assessing, for the purposes of imposing a confiscation order, whether a defendant had a criminal lifestyle the question of whether the offence had been committed over a period of at least six months related to each particular defendant’s part in the offence.”
WLR Daily, 6th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Dr Freddy Patel, the former Home Office pathologist suspended for misconduct in a series of high profile autopsies, is facing the threat of being struck off the medical register.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
“A man who ran an international prostitution ring has been told to hand over nearly £2m of his criminal profits or face another 10 years in jail.”
BBC News, 14th March 2011
Source: www.bbc.co.uk
“A man has been found guilty of publishing a ‘terrorist handbook’ that explained how to make bombs.”
BBC News, 9th March 2011
Source: www.bbc.co.uk
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