Archive for the 'proceeds of crime' Category

G20 pathologist Freddy Patel faces being struck off – The Guardian

“Dr Freddy Patel, the former Home Office pathologist suspended for misconduct in a series of high profile autopsies, is facing the threat of being struck off the medical register.”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Prostitution ring boss Thomas Carroll faces £1.9m order – BBC News

“A man who ran an international prostitution ring has been told to hand over nearly £2m of his criminal profits or face another 10 years in jail.”

Full story

BBC News, 14th March 2011

Source: www.bbc.co.uk

Portsmouth man guilty of publishing ‘terror handbook’ – BBC News

“A man has been found guilty of publishing a ‘terrorist handbook’ that explained how to make bombs.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Regina v Windsor and others – WLR Daily

Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41

“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”

WLR Daily, 9th February 2011

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 Constantine – WLR Daily

Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28

“A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far.”

WLR Daily, 10th November 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.

Leeds crime boss ordered to pay £10.6m – BBC News

“A former car dealer who was jailed for 25 years for a £7m heroin plot has been ordered to pay £10.6m by a judge.”

Full story

BBC News, 9th September 2010

Source: www.bbc.co.uk

‘Rogue traders’ jailed for conning elderly victims – BBC News

“Five men have been jailed after conning elderly householders into paying thousands for unnecessary work.”

Full story

BBC  News, 2nd September 2010

Source: www.bbc.co.uk

R v Geary – WLR Daily

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 2010

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.

Serious Organised Crime Agency v Perry – WLR Daily

Serious Organised Crime Agency v Perry [2010] EWCA Civ 907; [2010] WLR (D) 213

“An information notice served on the London address of persons not in the United Kingdom at the time of service was validly served for the purposes of recovery proceedings under the Proceeds of Crime Act 2002.”

WLR Daily, 30th 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.

Regina v Ward (Barry) – WLR Daily

Regina v Ward (Barry) [2010] WLR (D) 191

“The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order.”

WLR Daily, 16th 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.

Serious Organised Crime Agency v Gale and another – WLR Daily

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

“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

“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

“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

“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

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

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

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

“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

“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

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

“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

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

“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

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

“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

“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

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

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

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

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

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

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

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

“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

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

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

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

“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

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

“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

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

“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

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

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

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

“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

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

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.

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another – Times Law Reports

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another

Court of Appeal (Criminal Division)

“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”

The Times, 27th August 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.

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another – The Times

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another

Court of Appeal (Criminal Division)

“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”

The Times, 18th August 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.

Irwin Mitchell v Revenue and Customs Prosecutions and another – WLR Daily

Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282

“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. ”

WLR Daily, 1st August 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.

R v Sivaraman – WLR Daily

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th July 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.

Legal aid for canoe fraud couple – BBC News

“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”

Full story

BBC News, 25th July 2008

Source: www.bbc.co.uk

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 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.


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