Partners and Confiscation – Carmelite Chambers
‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’
Carmelite Chambers, 10th March 2021
Source: www.carmelitechambers.co.uk
Category: proceeds of crime
Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian
‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’
The Guardian, 28th February 2021
Source: www.theguardian.com
Confiscation & honouring the unchallenged basis of plea in R v Mohammed Zia Munir: Francesca Levitt examines for Lexis Nexis – 5SAH
‘The appellant was sentenced on an unchallenged, written basis of plea to the effect that he was a mere custodian of drugs on behalf of another. In these circumstances the court was bound to apply the provisions of the Proceeds of Crime Act 2002 (POCA 2002) consistently with the facts of the basis of plea. On his basis, the appellant could not be said to have received the drugs for his own benefit and therefore he did not obtain property within the meaning of POCA 2002, s 76(4).’
5SAH, 11th February 2021
Source: www.5sah.co.uk
Guidance on the approach to applications under section 10A of POCA 2002—civil rules and the family home (R v Forte) – 5SAH
‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’
5SAH, 30th November 2020
Source: www.5sah.co.uk
Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH
‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’
5SAH, 13th November 2020
Source: www.5sah.co.uk
A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH
‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News
‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’
BBC News, 7th October 2020
Source: www.bbc.co.uk
‘Basil’ from the Hatton Garden security vault heist ordered to pay almost £6million – Crown Prosecution Service
‘One of the ringleaders from the Hatton Garden security vault heist has today been ordered to pay £5,997,684.93. Michael Seed, known as “Basil”, 58, was convicted in March 2019 for his part in the £13.69 million heist, believed to be one of the largest burglaries in English history.’
Crown Prosecution Service, 1st October 2020
Source: www.cps.gov.uk
Law Commission consults on reforms to confiscation regime – Local Government Lawyer
‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’
Local Government Lawyer, 21st September 2020
Source: www.localgovernmentlawyer.co.uk
Reforms to confiscation regime to recover £8 million more per year – Law Commission
‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’
Law Commission, 17th September 2020
Source: www.lawcom.gov.uk
Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds – Local Government Lawyer
‘The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.’
Local Government Lawyer, 27th August 2020
Source: www.localgovernmentlawyer.co.uk
POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH
‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’
5SAH, 30th July 2020
Source: www.5sah.co.uk
5SAH Business Crime – July 2020 Update – 5SAH
‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’
5SAH, 6th July 2020
Source: www.5sah.co.uk
Criminals’ ‘go-to’ solicitor struck off while in jail – Legal Futures
‘A solicitor who was the ‘go to’ lawyer for a gang of criminals because he would not ask too many questions about where their money came has been struck off while serving seven years in jail.’
Legal Futures, 7th July 2020
Source: www.legalfutures.co.uk
Case Preview: R v Hilton (Northern Ireland) – UKSC Blog
‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’
UKSC Blog, 30th June 2020
Source: ukscblog.com
Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer
‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’
Local Government Lawyer, 25th June 2020
Source: www.localgovernmentlawyer.co.uk
Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer
‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’
Local Government Lawyer, 19th June 2020
Source: www.localgovernmentlawyer.co.uk
Bedlington man who enslaved homeless men must pay £275k – BBC News
‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’
BBC News, 1st June 2020
Source: www.bbc.co.uk
National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group
‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’
The 36 Group, 4th May 2020
Source: 36group.co.uk
Section 22 applications in light of the current crisis and the subsequent economic downturn – Drystone Chambers
‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’
Drystone Chambers, 28th April 2020
Source: drystone.com
