Category: proceeds of crime

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.

Regina v Fazal – Times Law Reports

Posted June 26th, 2009 in conversion, law reports, proceeds of crime by sally

Regina v Fazal

Court of Appeal (Criminal Division)

“A defendant who allowed another person, B, to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having criminally converted that property.”

The Times, 26th June 2009

Source: www.timesonline.co.uk

Regina v Islam – Times Law Reports

Posted June 12th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

Regina v Islam

House of Lords

“It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation.”

Times Law Reports, 12th June 2009

Source: www.timesonline.co.uk

R v Islam – WLR Daily

Posted June 11th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th 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.

R v Fazal – WLR Daily

Posted June 11th, 2009 in conversion, law reports, proceeds of crime by sally

R v Fazal [2009] WLR (D) 175

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th 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.

Home Secretary calls for public to help decide how criminals’ assets are spent – Daily Telegraph

Posted April 14th, 2009 in assets recovery, news, proceeds of crime by sally

“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.”

Full story

Daily Telegraph, 14th April 2009

Source: www.telegraph.co.uk

Serious Organised Crime Agency v Szepietowski and Others – Times Law Reports

Posted April 7th, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski and Others

Chancery Division

“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

King v Director of Serious Fraud Office – WLR Daily

Posted March 20th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Director of Serious Fraud Office [2009] UKHL 17; [2009] WLR (D) 100

“The Crown Court’s jurisdiction, under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, to make a restraint and disclosure order following a request by a foreign prosecutor was restricted to property located within England and Wales.”

WLR Daily, 18th 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.

King v Serious Fraud Office – Times Law Reports

Posted March 19th, 2009 in foreign jurisdictions, law reports, proceeds of crime, restraint orders by sally

King v Serious Fraud Office

House of Lords

“The crown court’s jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales.”

The Times, 19th March 2009

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.

Criminal asset measures ‘failing’ – BBC News

Posted March 16th, 2009 in assets recovery, news, proceeds of crime by sally

“Former Home Secretary David Blunkett has told the BBC that laws intended to help strip criminals of illegally obtained assets are failing to deliver.”

Full story

BBC News, 15th March 2009

Source: www.bbc.co.uk

Serious Organised Crime Agency v Szepietowski and others – WLR Daily

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

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74

“The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”

WLR Daily, 2nd March 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.

 

Film con man ordered to pay £100K – BBC News

Posted January 9th, 2009 in company directors, fraud, news, proceeds of crime by sally

“The man behind a project to build a film studio at St Agnes in Cornwall has been ordered to forfeit £100,000 at a court hearing.”

Full story

BBC News, 9th January 2009

Source: www.bbc.co.uk

Regina v Moulden – Times Law Reports

Posted November 26th, 2008 in confiscation, indictments, law reports, proceeds of crime by sally

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 2008

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.

Legal moves against canoeist wife – BBC News

Posted November 25th, 2008 in fraud, insurance, news, pensions, proceeds of crime by sally

“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

R v Moulden – WLR Daily

Posted November 13th, 2008 in indictments, law reports, proceeds of crime, sentencing by sally

R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352

“In s 6(2)(a) of the Proceeds of Crime Act 2002, the words ‘proceedings before the Crown Court’ meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date sentence was to be imposed.”

WLR Daily, 12th November 2008

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.

Regina v Mehta; Regina v Sharman; Regina v Reardon; Regina v Ratcliff – Times Law Reports

Posted October 3rd, 2008 in fraud, law reports, money laundering, proceeds of crime, sentencing by sally

Regina v Mehta; Regina v Sharman; Regina v Reardon; Regina v Ratcliff

Court of Appeal (Criminal Division)

“Money-launderers who offered a service to numerous criminals via bureaux de change or hawala banking were often as culpable as the criminals generating the money, if not more so, and often more culpable than those who handled the proceeds of a particular fraud.”

The Times, 3rd October 2008

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.

Grayson v United Kingdom – Times Law Reports

Posted October 2nd, 2008 in confiscation, human rights, law reports, proceeds of crime, proof by sally

Grayson v United Kingdom

European Court of Human Rights

“It was not incompatible with the notion of a fair hearing in criminal proceedings for the onus of proof to be placed on the accused to provide a credible account of his financial situation, once it has been proved that he had been involved in extensive and lucrative drug dealing over a period of years.”

The Times, 2nd October 2008

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.

Attorney General calls for criminals to have their assets stripped – Attorney General’s Office

Posted September 19th, 2008 in criminal justice, press releases, proceeds of crime by sally

“The Attorney General, Baroness Scotland, has today told criminal justice practitioners that seizing the proceeds of crime and ‘hitting the criminals where is hurts’ must be at the top of their agenda, and be made part of everything they do.”

Full press release

Attorney General’s Office, 18th September 2008

Source: www.attorneygeneral.gov.uk/

R v M – WLR Daily

Posted September 2nd, 2008 in contempt of court, law reports, proceeds of crime, restraint orders by sally

R v M; [2008] WLR (D) 297

“Where a defendant in criminal proceedings was said to have breached a restraint order, imposed under the Proceeds of Crime Act 2002, by making certain prohibited transactions a judge of the Crown Court had jurisdiction to try an application made by the prosecution for the defendant to be committed for contempt.”

WLR Daily, 1st September 2008

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.

Regina v Anwoir and Others – Times Law Reports

Posted September 1st, 2008 in evidence, law reports, proceeds of crime by sally

Regina v Anwoir and Others

Court of Appeal (Criminal Division)

“There were two ways in which Crown could prove property derived from crime.”

The Times, 1st September 2008

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.