Category: proceeds of crime

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

Grayson v United Kingdom – Times Law Reports

Posted October 2nd, 2008 in confiscation, human rights, law reports, proceeds of crime, proof by sally

Grayson v United Kingdom

European Court of Human Rights

“It was not incompatible with the notion of a fair hearing in criminal proceedings for the onus of proof to be placed on the accused to provide a credible account of his financial situation, once it has been proved that he had been involved in extensive and lucrative drug dealing over a period of years.”

The Times, 2nd October 2008

R v M; [2008] WLR (D) 297

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

Attorney General calls for criminals to have their assets stripped – Attorney General’s Office

Posted September 19th, 2008 in criminal justice, press releases, proceeds of crime by sally

“The Attorney General, Baroness Scotland, has today told criminal justice practitioners that seizing the proceeds of crime and ‘hitting the criminals where is hurts’ must be at the top of their agenda, and be made part of everything they do.”

Full press release

Attorney General’s Office, 18th September 2008

Source: www.attorneygeneral.gov.uk/

R v M – WLR Daily

Posted September 2nd, 2008 in contempt of court, law reports, proceeds of crime, restraint orders by sally

“Where a defendant in criminal proceedings was said to have breached a restraint order, imposed under the Proceeds of Crime Act 2002, by making certain prohibited transactions a judge of the Crown Court had jurisdiction to try an application made by the prosecution for the defendant to be committed for contempt.”

WLR Daily, 1st September 2008

Regina v Anwoir and Others

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

Regina v Anwoir and Others – Times Law Reports

Posted September 1st, 2008 in evidence, law reports, proceeds of crime by sally

Court of Appeal (Criminal Division)

“There were two ways in which Crown could prove property derived from crime.”

The Times, 1st September 2008

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another

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

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another – Times Law Reports

Posted August 27th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

Court of Appeal (Criminal Division)

“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”

The Times, 27th August 2008

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another

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

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another – The Times

Posted August 18th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Court of Appeal (Criminal Division)

“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”

The Times, 18th August 2008

Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282

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

Irwin Mitchell v Revenue and Customs Prosecutions and another – WLR Daily

Posted August 4th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. ”

WLR Daily, 1st August 2008

R v Sivaraman; [2008] WLR (D) 256

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

R v Sivaraman – WLR Daily

Posted July 28th, 2008 in conspiracy, fraud, law reports, proceeds of crime by sally

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th July 2008

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

Legal aid for canoe fraud couple – BBC News

Posted July 26th, 2008 in fraud, legal aid, news, proceeds of crime by sally

“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

BBC News, 25th July 2008

Source: www.bbc.co.uk

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Posted July 14th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 2008

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

Proceeds of Crime Lawyers Assoc launches – The Lawyer

Posted June 24th, 2008 in legal profession, news, proceeds of crime by sally

“The Proceeds of Crime Lawyers Association (Pocla) was launched on Monday (16 June) at the Inner Temple Hall in front of 400 guests.”

The Lawyer, 23rd June 2008

Source: www.thelawyer.com

Appeal court says criminals’ wives’ assets untouchable – The Independent

Posted June 23rd, 2008 in confiscation, married persons, news, proceeds of crime by sally

“Millions of pounds worth of criminal assets, including luxury homes and jewellery, will remain out of the reach of the state after a landmark ruling by the Appeal Court.”

King v Serious Fraud Office

The Independent, 23rd June 2008

Source: www.independent.co.uk

King v Serious Fraud Office – Times Law Reports

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

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

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

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

“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

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

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

“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

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

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

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

“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

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.”