Category: proceeds of crime

Serious Organised Crime Agency v Gale and another – WLR Daily

Posted July 16th, 2010 in appeals, assets recovery, costs, cross-claims, law reports, proceeds of crime by sally

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.

Brothel owner Wayne Baker ordered to pay £135,000 – BBC News

Posted July 9th, 2010 in news, proceeds of crime, prostitution, sex establishments by sally

“A man who lured girls as young as 14 into prostitution has been ordered to pay more than £135,000 from his assets or face another three years in jail.”

Full story

BBC News, 8th July 2010

Source: www.bbc.co.uk

Newcastle woman in £150,000 scam must pay back just £1 – BBC News

Posted June 25th, 2010 in fraud, news, proceeds of crime by sally

“A woman who tried to swindle more than £150,000 out of her grandmother and fiance has been ordered to repay £1.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Man fined £26k over fake computer games – BBC News

Posted May 12th, 2010 in consumer protection, counterfeiting, fines, news, proceeds of crime, trade marks by sally

“A man who sold fake computer games over the internet has been ordered to pay £26,405 following a proceeds of crime investigation.”

Full story

BBC News, 12th May 2010

Source: www.bbc.co.uk

Struck-off doctor jailed for selling slimming pills – The Independent

Posted May 12th, 2010 in doctors, drug offences, medicines, news, proceeds of crime by sally

“A struck-off doctor was jailed for selling slimming pills to patients across the country, police said. Sudesh Madan, 57, of Homeway, Romford, Essex, was given an 18-month prison sentence at St Albans Crown Court yesterday after previously admitting four counts of possession with intent to supply a controlled drug and four counts of supplying a controlled drug. She also asked for eight other offences to be taken into consideration. ”

Full story

The Independent, 12th May 2010

Source: www.independent.co.uk

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 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.

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) – WLR Daily

Posted March 24th, 2010 in appeals, confiscation, law reports, proceeds of crime by sally

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) [2010] EWCA Civ 285; [2010] WLR (D) 84

“A court had jurisdiction to make a management receivership order over any property on the basis that it was realisable property where an issue was still to be determined between the Revenue and Customs Prosecution Office and an interested third party as to the beneficial interest in such property.”

WLR Daily, 22nd March 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.

In re Stanford International Bank Ltd (in liquidation) – WLR Daily

Posted March 2nd, 2010 in appeals, foreign jurisdictions, insolvency, law reports, proceeds of crime by sally

In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st March 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.

Ex-magistrate stripped of £4.1m after fraud – The Independent

Posted January 21st, 2010 in assets recovery, fraud, news, proceeds of crime by sally

“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.”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Jailed ex-magistrate faces £4m payout – The Independent

Posted January 21st, 2010 in assets recovery, fraud, news, proceeds of crime by sally

“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.”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Brittain v N (Aliane and Sear, Third Parties) – WLR Daily

Posted November 24th, 2009 in law reports, proceeds of crime, receivers by sally

B v N (A and S, Third Parties) [2009] EWHC 2884 (Admin); [2009] WLR (D) 340

“The court’s power under s 80(4) of the Criminal Justice Act 1988 (now repealed) to order ‘any person having possession of realisable property’ to give possession to a receiver did not empower the court to make such an order against tenants protected by contract and/or statute whose interests had not been determine by a court order.”

WLR Daily, 23rd November 2009

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.

BTA Bank JSC v Ablyazov and others – WLR Daily

Posted November 2nd, 2009 in disclosure, law reports, proceeds of crime, self-incrimination by sally
“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Rollins; Regina v McInerney – WLR Daily

Posted October 14th, 2009 in appeals, law reports, money laundering, proceeds of crime, prosecutions by sally

Regina v Rollins; Regina v McInerney

“The Financial Services Authority had the power to prosecute offences beyond those referred to in ss 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute for offences contrary to ss 327 and 328 of the Proceeds of Crime Act 2002.”

WLR Daily, 13th October 2009

Source: www.lawreports.co.uk

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

Brothel owner must pay back £2m – BBC News

Posted August 19th, 2009 in news, proceeds of crime, prostitution by sally

“The owner of a brothel in the West Midlands has been ordered to pay back £2m under the Proceeds of Crime Act.”

Full story

BBC News, 19th August 2009

Source: www.bbc.co.uk

R v Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th July 2009

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.

Government steps-up fight against organised crime – Home Office

Posted July 14th, 2009 in assets recovery, press releases, proceeds of crime by sally

“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.”

Full press release

Home Office, 13th July 2009

Source: www.homeoffice.gov.uk

Organised crime groups one step ahead of police, Home Office admits – The Times

Posted July 13th, 2009 in news, proceeds of crime, tax evasion by sally

“Tax investigations of the kind used to convict Al Capone are to be used to tackle the 30,000 organised criminals who cost the UK up to £40 billion a year.”

Full story

The Times, 13th July 2009

Source: www.timesonline.co.uk

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 2009

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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 2nd, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 220

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct in respect of an offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 1st July 2009

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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 1st, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 215

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct for the offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 30th June 2009

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.