Category: proceeds of crime

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

Government steps-up fight against organised crime – Home Office

Posted July 14th, 2009 in assets recovery, press releases, proceeds of crime by sally

“The government’s new strategy on serious organised crime introduces plans to create a more hostile environment for organised criminals by seizing assets and shutting businesses.”

Full press release

Home Office, 13th July 2009

Source: www.homeoffice.gov.uk

Organised crime groups one step ahead of police, Home Office admits – The Times

Posted July 13th, 2009 in news, proceeds of crime, tax evasion by sally

“Tax investigations of the kind used to convict Al Capone are to be used to tackle the 30,000 organised criminals who cost the UK up to £40 billion a year.”

The Times, 13th July 2009

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 2009

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 220

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

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 2nd, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct in respect of an offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 1st July 2009

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 215

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

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 1st, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 30th June 2009

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

Regina v Fazal – Times Law Reports

Posted June 26th, 2009 in conversion, law reports, proceeds of crime by sally

Regina v Fazal

Court of Appeal (Criminal Division)

“A defendant who allowed another person, B, to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having criminally converted that property.”

The Times, 26th June 2009

Regina v Islam – Times Law Reports

Posted June 12th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

Regina v Islam

House of Lords

“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”

Times Law Reports, 12th June 2009

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

R v Islam – WLR Daily

Posted June 11th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th June 2009

R v Fazal [2009] WLR (D) 175

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

R v Fazal – WLR Daily

Posted June 11th, 2009 in conversion, law reports, proceeds of crime by sally

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th June 2009

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

Home Secretary calls for public to help decide how criminals’ assets are spent – Daily Telegraph

Posted April 14th, 2009 in assets recovery, news, proceeds of crime by sally

“Jacqui Smith, the Home Secretary, wants communities directly affected by crime to receive a ‘share of the pot’ of illegal assets when they are seized by the police.”

Serious Organised Crime Agency v Szepietowski and Others

Daily Telegraph, 14th April 2009

Source: www.telegraph.co.uk

Serious Organised Crime Agency v Szepietowski and Others – Times Law Reports

Posted April 7th, 2009 in law reports, proceeds of crime, trusts by sally

Chancery Division

“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”

The Times, 6th April 2009

King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100

King v Director of Serious Fraud Office – WLR Daily

Posted March 20th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

“The Crown Court’s jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales.”

WLR Daily, 18th March 2009

King v Serious Fraud Office

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

King v Serious Fraud Office – Times Law Reports

Posted March 19th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

House of Lords

“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”

The Times, 19th March 2009

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

Criminal asset measures ‘failing’ – BBC News

Posted March 16th, 2009 in assets recovery, news, proceeds of crime by sally

“Former Home Secretary David Blunkett has told the BBC that laws intended to help strip criminals of illegally obtained assets are failing to deliver.”

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74

BBC News, 15th March 2009

Source: www.bbc.co.uk

Serious Organised Crime Agency v Szepietowski and others – WLR Daily

Posted March 3rd, 2009 in law reports, proceeds of crime, trusts by sally

“The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”

WLR Daily, 2nd March 2009

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

Film con man ordered to pay £100K – BBC News

Posted January 9th, 2009 in company directors, fraud, news, proceeds of crime by sally

“The man behind a project to build a film studio at St Agnes in Cornwall has been ordered to forfeit £100,000 at a court hearing.”

BBC News, 9th January 2009

Source: www.bbc.co.uk

Regina v Moulden – Times Law Reports

Posted November 26th, 2008 in confiscation, indictments, law reports, proceeds of crime by sally

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 2008

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

Legal moves against canoeist wife – BBC News

Posted November 25th, 2008 in fraud, insurance, news, pensions, proceeds of crime by sally

“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”

R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352

BBC News, 25th November 2008

Source: www.bbc.co.uk

R v Moulden – WLR Daily

Posted November 13th, 2008 in indictments, law reports, proceeds of crime, sentencing by sally

“In s 6(2)(a) of the Proceeds of Crime Act 2002, the words ‘proceedings before the Crown Court’ meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date sentence was to be imposed.”

WLR Daily, 12th November 2008