King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

King v Serious Fraud Office

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

R v Green – WLR Daily

Posted May 19th, 2008 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Green [2008] UKHL 30; [2008] WLR (D) 152

The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v May – WLR Daily

Posted May 19th, 2008 in confiscation, law reports, proceeds of crime by sally

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v May – Times Law Reports

Posted May 15th, 2008 in confiscation, law reports, proceeds of crime by sally

Regina v May

House of Lords

“Where codefendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

The Times, 15th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

King v Serious Fraud Office – WLR Daily

Posted May 13th, 2008 in jurisdiction, law reports, proceeds of crime by sally

King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147

“Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. There was no power to make a restraint order in respect of property outside the jurisdiction.”

WLR Daily 12th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Prosecutors’ Investigation Code of Practice – Attorney General’s Office

Posted March 25th, 2008 in codes of practice, consultations, proceeds of crime, prosecutions by sally

The purpose of this paper is to seek stakeholder views on the proposed Code of Practice which provides guidance to the specified prosecuting authorities in England, Wales and Northern Ireland on the use of the powers of investigation which are provided by POCA.”

Full consultation

Attorney General’s Office, 19th March 2008

Source: www.attorneygeneral.gov.uk

Soca ‘failed’ to freeze cash of top criminals – Daily Telegraph

Posted March 17th, 2008 in confiscation, news, proceeds of crime by sally

“Police have yet to use powers to freeze suspected gangsters’ finances two years after the high-profile launch of an agency to tackle serious crime.”

Full story

Daily Telegraph, 17th March 2008

Source: www.telegraph.co.uk

Regina v Rose (Kevin) – Times Law Reports

Posted March 6th, 2008 in law reports, proceeds of crime, valuation by sally

Regina v Rose (Kevin)

Court of Appeal (Criminal Division)

“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”

The Times, 6th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tougher measures for drug dealers – BBC News

Posted February 27th, 2008 in confiscation, drug trafficking, news, proceeds of crime by sally

“Suspected drug dealers’ assets could be seized on arrest, rather than charge, under ministers’ new drugs strategy.”

Full story

BBC News, 27th February 2008

Source: www.bbc.co.uk

Drug dealers to have assets seized on arrest – Daily Telegraph

Posted February 25th, 2008 in confiscation, drug trafficking, news, proceeds of crime by sally

“Police will be able to seize high-value assets from suspected drug dealers as soon as they are arrested under plans to be unveiled this week by Jacqui Smith, the Home Secretary.”

Full story

Daily Telegraph, 24th February 2008

Source: www.telegraph.co.uk

Maye v Director of Public Prosecutions, Northern Ireland – Times Law Reports

Posted February 11th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions, Northern Ireland

House of Lords

“An interest in an unadministered intestate estate and an action for damages for false im-prisonment were both ‘things in action’ and therefore ‘property’ when determining the amount that might be realised for the purpose of a confiscation order.”

The Times, 11th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Maye v Director of Public Prosecutions in Northern Ireland – WLR Daily

Posted February 7th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33

“The appellant’s interest in his parents’ unadministered estates and an action by him for damages for false imprisonment were ‘things in action’ and so ‘property’ within the definition in art 3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.”

WLR Daily, 6th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Too much bling costs suspected drug dealer £650,000 in assets – The Guardian

Posted February 6th, 2008 in news, proceeds of crime by sally

“A suspected drugs trafficker who claimed that an ice cream van and other small businesses had earned him three homes and a fleet of luxury cars has become one of the biggest victims of criminal assets recovery law.”

Full story

The Guardian, 6th February 2008
Source: www.guardian.co.uk

Court orders jailed financier to surrender £41m – The Times

Posted November 14th, 2007 in confiscation, fraud, news, proceeds of crime by sally

“Gerald Smith, a doctor-turned-financier who is serving eight years in prison for defrauding an internet business, was ordered to surrender £41 million yesterday in the largest confiscation order in British criminal proceedings.”

Full story

The Times, 14th November 2007

Source: www.timesonline.co.uk

Serious Crime Act 2007

Posted November 6th, 2007 in crime prevention, legislation, proceeds of crime by sally

Serious Crime Act 2007 published.

Full text of Act

Source: www.opsi.gov.uk

Crime assets agency ‘ill-planned’ – BBC News

Posted October 12th, 2007 in confiscation, news, proceeds of crime by sally

“The setting up of a government agency to seize criminals’ wealth was ill-planned and unrealistic, an influential group of MPs has said.”

Full story

BBC News, 11th October 2007

Source: www.bbc.co.uk  

‘Impoverished’ fraudster accused of hiding £33m – The Times

Posted September 20th, 2007 in confiscation, fraud, news, proceeds of crime by sally

“Britain’s worst tax fraudster is using ‘smoke and mirrors’ to avoid paying back his illegally-gained fortune, a court heard yesterday.”

Full story

The Times, 19th September 2007

Source: www.timesonline.co.uk

Director of Assets Recovery Agency v Szepietowski and Others (No 2) – Times Law Reports

Posted August 21st, 2007 in assets recovery, law reports, proceeds of crime by sally

Proving assets obtained by unlawful conduct

Director of Assets Recovery Agency v Szepietowski and Others (No 2)

Court of Appeal

“On an application for an interim receiving order, the Director of the Assets Recovery Agency had to show that a criminal offence was committed and the property to be recovered was obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”

The Times, 21st August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Director of Assets Recovery Agency v. Szepietowski and others – WLR Daily

Posted August 8th, 2007 in assets recovery, law reports, proceeds of crime by sally

Director of Assets Recovery Agency v. Szepietowski and others

“On an application for an interim receiving order under s 246 of the Proceeds of Crime Act 2002 the Director of the Assets Recovery Agency had to establish a good arguable case that the property to be recovered or other property it represented had been obtained by unlawful conduct. It was sufficient to show that a criminal offence had been committed and the property had been obtained by it or in return for it. It was not necessary to prove that a particular person committed a particular offence on a particular day.”

WLR Daily, 24th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (El-Kurd) v. Sakavickas and another – WLR Daily

Posted July 30th, 2007 in indictments, jury directions, law reports, proceeds of crime by sally

R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888

“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

Please note once a case has bee fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.