“Prosecutors have recovered more than half a million pounds in assets from Anne Darwin, whose husband faked his own death in a sea canoeing accident so they could claim more than £600,000 in life insurance money.”
The Guardian, 14th February 2012
Source: www.guardian.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
Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179
“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”
WLR Daily, 13th July 2010
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.
“Four men have been jailed for their part in a drugs network which police said allowed them to live a life of luxury hotels and fast cars.”
BBC News, 14th July 2010
Source: www.bbc.co.uk
“A former magistrate who was jailed for a £38,000 fraud was ordered to give up his assets worth £4.1 million at a confiscation hearing today.”
The Independent, 21st January 2010
Source: www.independent.co.uk
“A former magistrate who was jailed for a £35,000 fraud will face a financial confiscation hearing today which could force him to pay up to £4 million.”
The Independent, 21st January 2010
Source: www.independent.co.uk
“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.”
Home Office, 13th July 2009
Source: www.homeoffice.gov.uk
Sinclair and Another v Glatt and Others
Court of Appeal
“A court-appointed receiver could have a lien on the property held in a convict’s name even though he had only a bare legal interest in it. A pending financial relief claim of the former wife of the convict had no priority over the receiver’s lien.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
“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.”
Daily Telegraph, 14th April 2009
Source: www.telegraph.co.uk
Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97
“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”
WLR Daily, 16th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
“Former Home Secretary David Blunkett has told the BBC that laws intended to help strip criminals of illegally obtained assets are failing to deliver.”
BBC News, 15th March 2009
Source: www.bbc.co.uk
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
“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.
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