New reforms to recover millions more from the proceeds of crime – Law Commission

‘The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities.’

Full Story

Law Commission, 9th November 2022

Source: www.lawcom.gov.uk

Commission urges reform of ‘ineffective’ confiscation regime – Law Society’s Gazette

‘Codification of legal decisions reached in more than 500 cases brought under the Proceeds of Crime Act 2002 is among the proposals of a call for reform of an “ineffective” confiscation regime published today.’

Full Story

Law Society's Gazette, 9th November 2022

Source: www.lawgazette.co.uk

SFO secures record penalty in Glencore bribery case – Law Society’s Gazette

Posted November 4th, 2022 in bribery, company law, confiscation, costs, fines, news, sentencing, Serious Fraud Office by tracey

‘The UK subsidiary of commodities trader Glencore was today ordered to pay £281 million in a fine, confiscation order and costs in the largest ever such penalty in a corporate criminal conviction. Glencore is the first business to be convicted under the Bribery Act 2010 for the active authorisation of bribery rather than a failure to prevent it.’

Full Story

Law Society's Gazette, 3rd November 2022

Source: www.lawgazette.co.uk

Builder who lied his way into top NHS jobs ordered to repay £96,000 – The Independent

Posted August 22nd, 2022 in appeals, confiscation, fraud, hospitals, news, Supreme Court by tracey

‘A fake NHS boss who made £1m by lying about his qualifications to secure senior jobs will have to pay £96,000 after Supreme Court hearing.’

Full Story

The Independent, 20th August 2022

Source: www.independent.co.uk

CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette

‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’

Full Story

Law Society's Gazette, 18th August 2022

Source: www.lawgazette.co.uk

Ian Stewart: Sons granted £185k confiscation order – BBC News

Posted July 29th, 2022 in compensation, confiscation, families, murder, news by sally

‘The sons of a double murderer are to share £185,000 from their mother’s estate, a court has ruled.’

Full Story

BBC News, 28th July 2022

Source: www.bbc.co.uk

Ceredigion salmon poacher pays just £1 of £61,000 ordered by court – BBC News

Posted July 11th, 2022 in animals, confiscation, gangs, hunting, news, proceeds of crime by tracey

‘The leader of a poaching gang ordered to pay more than £61,000 has paid back just £1 after saying he had no money.’

Full Story

BBC news, 9th July 2022

Source: www.bbc.co.uk

Director of Public Prosecutions highlights how more money could be returned to victims of crime – Crown Prosecution Service

‘The Director of Public Prosecutions, Max Hill QC, has today supported the review into legislation to ensure more money can be returned to victims of crime.’

Full Story

Crown Prosecution Service, 23rd June 2022

Source: www.cps.gov.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

Full Story

Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 – UKSC Blog

‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’

Full Story

UKSC Blog, 4th May 2022

Source: ukscblog.com

Police and Gambling Commission secure £140k confiscation order against defendant over illegal lotteries – Local Government Lawyer

Posted April 21st, 2022 in confiscation, gambling, news, proceeds of crime by sally

‘A Proceeds of Crime Act hearing has seen almost £140,000 confiscated from a man who ran illegal lotteries from Middlesbrough.’

Full Story

Local Government Lawyer, April 2022

Source: www.localgovernmentlawyer.co.uk

Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine – Property Law Blog

‘In the wake of Russia’s invasion of Ukraine, there have been widespread calls to expand the sanctions imposed on Russian oligarchs linked to President Vladmir Putin. According to reporting by the Financial Times, civil servants are currently “examining very carefully” what powers are needed to “swiftly acquire specific land and property owned by a sanctioned person, without the need to pay them compensation.”’

Full Story

Property Law Blog, 11th March 2022

Source: www.law.ox.ac.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

Full Story

Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Convicted people-smugglers ordered to pay over £30,000 in confiscation orders – Crown Prosecution Service

‘Four convicted people smugglers, who assisted in the unlawful immigration of 39 people from Vietnam who died in the back of a lorry in Essex, have been ordered to pay £31,493.47 in confiscation orders.’

Full Story

Crown Prosecution Service, 3rd March 2022

Source: www.cps.gov.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

SFO v Petrofac: Plea bargain versus DPAs and the importance of good compliance – 5SAH

‘On 4 October 2021, Petrofac Limited (“Petrofac”) was sentenced at Southwark Crown Court following guilty pleas to seven counts of failing to prevent bribery contrary to section 7 of the Bribery Act 2010. This followed a four-year corruption and money laundering investigation conducted by the Serious Fraud Office (“the SFO”) and the earlier guilty pleas of David Lufkin, former Global Head of Sales, who was sentenced on the same occasion. This followed pre-charge plea discussions between the parties with agreement being reached as to scope of the indictment and approach to sentencing.’

Full Story

5SAH, 19th October 2021

Source: www.5sah.co.uk

Confiscation and enforcement notices: the roll-back from Panayi – Carmelite Chambers

Posted June 24th, 2021 in appeals, chambers articles, confiscation, enforcement notices, news by sally

‘Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.’

Full Story

Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

Full Story

Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Police officers ‘took seized Bentley on Cheshunt drive’ – BBC News

Posted April 19th, 2021 in confiscation, news, police, professional conduct by tracey

‘Three Hertfordshire police officers who sped on a dual carriageway in a luxury car seized from its driver have been given a final written warning after being found guilty of gross misconduct.’

Full Story

BBC News, 18th April 2021

Source: www.bbc.co.uk

Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH

Posted April 9th, 2021 in brexit, chambers articles, confiscation, news, proceeds of crime by sally

‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’

Full Story

5SAH, 8th March 2021

Source: www.5sah.co.uk