proceeds of crime – Current Awareness

Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH

Posted December 4th, 2024 in amendments, appeals, Crown Court, forfeiture, news, proceeds of crime, regulations, time limits by tracey

‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’

5SAH, 3rd December 2024

Source: www.5sah.co.uk

Are You Guilty of Money-Laundering? A Tale of Chinese Cotton, Lawyer’s Fees and Unintended Consequences – Financial Remedies Journal

Posted September 23rd, 2024 in China, disclosure, families, family courts, fees, legal profession, money laundering, news, proceeds of crime by tracey

‘It is not often that a family law blog warns ordinary hard-working honest family lawyers that they might be unwitting criminals. This is that blog. You should read it.’

Financial Remedies Journal, 17th September 2024

Source: financialremediesjournal.com

Building surveyor who swindled National Trust out of more than £1million is jailed – The Independent

Posted September 23rd, 2024 in abuse of position of trust, construction industry, fraud, imprisonment, news, proceeds of crime, sentencing by tracey

‘A building surveyor who swindled the National Trust out of more than £1 million through false invoices has been jailed along with his son.’

The Independent, 22nd September 2024

Source: www.independent.co.uk

Treasure thief sentenced for five more years in jail for failing to pay back over £600,000 of criminal proceeds – Crown Prosecution Service

Posted September 13th, 2024 in confiscation, Crown Prosecution Service, imprisonment, news, proceeds of crime, sentencing, theft, treasure by tracey

‘A detectorist who stole an estimated £3m worth of Viking treasure has been sentenced to a further five years and three months in prison after failing to pay back over £600,000.’

Crown Prosecution Service, 12th September 2024

Source: www.cps.gov.uk

Restraint Orders: Is Complexity of Financial Structures and Indicator of Dishonesty – Expert Witness Journal

Posted September 5th, 2024 in corruption, fraud, money laundering, news, proceeds of crime, restraint orders by sally

‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a “complex web”, “designed to obfuscate” or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’

Expert Witness Journal, August 2024

Source: www.paperturn-view.com

How clean is your cash? – Mountford Chambers

Posted July 31st, 2024 in chambers articles, investigatory powers, money laundering, news, proceeds of crime by sally

‘Fatima Jama examines the Court of Appeal’s decision in R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715, and its implications.’

Mountford Chambers, 16th July 2024

Source: www.mountfordchambers.com

Court of Appeal finds the National Crime Agency’s refusal to investigate human rights abuse-linked cotton imports from the Uyghur region unlawful – UK Human Rights Blog

Posted July 23rd, 2024 in appeals, China, forced labour, human rights, national crime agency, news, proceeds of crime by tracey

‘R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715. This landmark decision was a successful appeal from the judgment of Dove J ([2023] EWHC 88 (Admin)) on the single issue of whether the National Crime Agency (“NCA”) misdirected itself when reaching the decision (i) not to investigate alleged offences under Part 7 of the Proceeds of Crime Act 2002 (“POCA”) and (ii) not to commence a civil recovery investigation under Part 5, in respect of certain cotton products brought into the UK alleged to be the product of forced labour and other human rights abuses.’

UK Human Rights Blog,, 23rd July 2024

Source: ukhumanrightsblog.com

Uyghur v NCA – and how it could affect law firms – Law Society’s Gazette

Posted July 22nd, 2024 in appeals, China, Crown Prosecution Service, forced labour, human rights, judicial review, law firms, legal advice, money laundering, national crime agency, news, proceeds of crime by sally

‘In its recent judgment in World Uyghur Congress v National Crime Agency, the Court of Appeal addressed the application of the money laundering provisions of the Proceeds of Crime Act 2002 (POCA) in the context of international supply chains. The appeal court’s clarification of the scope of the ‘adequate consideration’ exemption under POCA has wide-reaching implications not only for businesses with global supply chains but for all professional services firms in the UK.’

Law Society's Gazette, 19th July 2024

Source: www.lawgazette.co.uk

People smuggler gets nearly a year extra time in jail for failing to payback over £65,000 of criminal profits in the Essex lorry deaths case – Crown Prosecution Service

Posted July 15th, 2024 in confiscation, Crown Prosecution Service, homicide, immigration, imprisonment, news, proceeds of crime, sentencing, trafficking in human beings by tracey

‘Today (11 July 2024) at Margate Magistrates’ Court, Gheorghe Nica, 46, was ordered to serve a further eleven and half months imprisonment after failing to payback £65,157.65 which he was ordered to pay in a proceeds of crime confiscation hearing. All of the Confiscation Order monies recovered from Nica, which a Judge has determined is his available assets, will be paid by way of compensation to the families of the 39 victims.’

Crown Prosecution Service, 11th July 2024

Source: www.cps.gov.uk

Rogue trader ordered to repay victims £56,000 – BBC News

Posted July 10th, 2024 in confiscation, fraud, imprisonment, news, proceeds of crime, sentencing by tracey

‘A rogue trader who faked having a brain tumour to avoid justice has been ordered to pay his victims more than £56,000.’

BBC News, 10th July 2024

Source: www.bbc.co.uk

NCA failure to investigate imports linked to forced Uyghur labour unlawful, court rules – The Guardian

Posted June 28th, 2024 in appeals, China, forced labour, national crime agency, news, proceeds of crime by sally

‘The UK National Crime Agency’s decision not to launch an investigation into the importation of cotton products manufactured by forced labour in China’s Xinjiang province was unlawful, the court of appeal has found.’

The Guardian, 27th June 2024

Source: www.theguardian.com

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by tracey

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

2 Hare Court, 20th June 2024

Source: www.2harecourt.com

Councillor who sold puppies without licence handed £50k confiscation order – Local Government Lawyer

Posted June 19th, 2024 in animals, confiscation, licensing, local government, news, proceeds of crime by sally

‘A councillor in Gloucester has been ordered to pay £49,823.36 for selling puppies without a licence.’

Local Government Lawyer, 18th June 2024

Source: www.localgovernmentlawyer.co.uk

“Can I get my Rolex back?” – the Seizure and Forfeiture of Listed Assets – Mountford Chambers

Posted June 18th, 2024 in chambers articles, forfeiture, news, proceeds of crime, search & seizure by sally

‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’

Mountford Chambers, 22nd May 2024

Source: www.mountfordchambers.com

Economic Crime and Corporate Transparency Act 2023 – Mountford Chambers

Posted May 2nd, 2024 in chambers articles, cryptocurrencies, fraud, news, proceeds of crime, terrorism by sally

‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’

Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

DWP take Cheshire woman’s inheritance over supermarket job – BBC News

Posted April 4th, 2024 in benefits, carers, news, proceeds of crime by tracey

‘A woman has told of her shock after the government seized £16,000 left to her by her mother because she was overpaid her carer’s allowance.’

BBC News, 4th April 2024

Source: www.bbc.co.uk

Stephen Bear ordered to pay £22,305 Confiscation Order – Crown Prosecution Service

Posted April 2nd, 2024 in compensation, confiscation, news, pornography, proceeds of crime, video recordings, voyeurism by tracey

‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’

Crown Prosecution Service, 28th March 2024

Source: www.cps.gov.uk

A case commentary from Jonathan Holsgrove: Marriage and beneficial interests in POCA – R v Thompson – Park Square Barristers

Posted December 20th, 2023 in appeals, chambers articles, confiscation, interest, married persons, news, proceeds of crime by sally

‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’

Park Square Barristers, 14th November 2023

Source: www.parksquarebarristers.co.uk

Fraudster forced to pay back £1 million to victims – Crown Prosecution Service

Posted December 19th, 2023 in confiscation, Crown Prosecution Service, fraud, news, proceeds of crime, victims by tracey

‘More than 200 people who were conned into buying useless investments have received payouts from the money recovered from the fraudster.’

Crown Prosecution Service, 18th December 2023

Source: www.cps.gov.uk

Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian

Posted November 29th, 2023 in accidents, confiscation, fire, houses in multiple occupation, housing, landlord & tenant, news, proceeds of crime by sally

‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’

The Guardian, 28th November 2023

Source: www.theguardian.com

1
2
3
4
5
6
…
17
»

Categories

Archives