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.

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.”

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.”

Maye v Director of Public Prosecutions, Northern Ireland

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

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

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

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

“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

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.”

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.”

The Times, 14th November 2007

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.”

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.”

The Times, 19th September 2007

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

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

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

Director of Assets Recovery Agency v. Szepietowski and others

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

“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

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

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

“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

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

Law Lords slam crime agency for freezing UMBS payments – The Independent

Posted May 29th, 2007 in fraud, news, proceeds of crime, VAT by sally

“The Serious Organised Crime Agency (Soca), the UK equivalent of the FBI, has been strongly criticised by Law Lords [sic] in the Court of Appeal for its “unlawful” action in freezing payments to a company that the organisation believed may have been involved in a VAT fraud.”

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another

The Independent, 27th May 2007

Source: www.independent.co.uk

R (UMBS Online Ltd.) v. Serious Organised Crime Agency and another – WLR Daily

Posted May 4th, 2007 in banking, law reports, proceeds of crime by sally

“The Serious Organised Crime Agency (SOCA) was a powerful statutory body whose decisions could imperil private and business banking activity on no more than a reported suspicion of money-laundering. However it should not withhold consent to a bank to allow it to operate a customer’s account under s 335 of the Proceeds of Crime Act 2002 without good reason. It had an obligation to keep matters under review and its refusal of a bank customer’s request to revisit the matter was unlawful.”

WLR Daily, 2nd May 2007