Applications relating to asset freezing orders. Collins J  EWHC 1911 (Admin) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 20 January 2022; Ref: scu.567655
The NCA had applied for disclosure in the course of a money laundering investigation. It now appealed from a refusal to extend the order to bank accounts subject to account freezing orders made previously in course of frozen funds investigation by police. Consideration of the meaning and ambit of s.357(2) of the Proceeds of Crime … Continue reading Re National Crime Agency: Admn 12 Feb 2020
The three Applicants sought to set aside orders which granted the National Crime Agency a Property Freezing Order and a Disclosure Order against each of them and six other Respondents. McGowan J  EWHC 899 (Admin) Bailii Proceeds of Crime Act 2002 Criminal Practice Updated: 14 January 2022; Ref: scu.562907
Applications for discharge of orders under the 2002 Act. Edis J  EWHC 255 (Admin) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 10 January 2022; Ref: scu.560247
‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left … Continue reading Sanam v National Crime Agency: CA 2 Dec 2015
FTTTX INCOME TAX – preliminary issues – assumption of revenue functions by SOCA – civil recovery proceedings under Proceeds of Crime Act 2002 – compromise agreement – whether compromise extended to tax liabilities – whether assessments otherwise invalid by reason of abuse of process  UKFTT 654 (TC) Bailii England and Wales Income Tax Updated: … Continue reading Pepper v Serious Organised Crime Agency: FTTTx 11 Oct 2013
Application for recovery orders. Sir Raymond Jack  EWHC 627 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.471941
Applications were made in relation to payment of legal fees in proceeds of crime recovery proceedings Globe J  EWHC 1480 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 31 December 2021; Ref: scu.510164
The respondents sought to have set aside a world wide asset freezing and associated orders obtained by SOCA against them. They said that the Court had no jurisdiction over them, and that the Agency was guilty of wilful non-disclosure. They first respondent had been convicted in Israel of offences of dishonesty. Foskett J  EWHC … Continue reading Serious Organised Crime Agency v Perry and Others: Admn 30 Jul 2009
Appeal by case stated against forfeiture order. Griffith William HHJ  EWHC 2737 (QB),  1 WLR 1433,  Lloyd’s Rep FC 228 Bailii Proceeds of Crime Act 2002 298 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.519782
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed. Held: The appeals succeeded (Judge and Clarke dissenting). The … Continue reading Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012
Challenge to civil recovery order Lord Justice Mummery, Lord Justice Richards, And, Lord Justice Leveson  EWCA Civ 518 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.509313
Challenge to production order. Bean LJ, Hickinbottom J  EWHC 1284 (Admin) Bailii Proceeds of Crime Act 2002 345(1) Criminal Practice Updated: 30 December 2021; Ref: scu.546764
The National Crime Agency pursued claims against the defendants under the 2002 Act for a Civil Recovery Order in respect of seven properties, four bank accounts, and a Rolex watch. Coulson J  EWHC 1299 (QB) Bailii Proceeds of Crime Act 2002 243(1) Criminal Sentencing Updated: 30 December 2021; Ref: scu.546437
Application for a recovery order  EWHC 10 (QB) Bailii Proceeds of Crime Act 2002 266 England and Wales Criminal Sentencing Updated: 27 December 2021; Ref: scu.632202
FTTTx INCOME TAX – Proceeds of Crime Act 2002 – whether qualifying condition met for NCA to carry out general Revenue functions in relation to Appellant – yes – discovery assessments under s 29 TMA 1970 – whether the conditions for such assessments met – yes – whether within time limits – yes – on … Continue reading Lynch v National Crime Agency: FTTTx 9 Dec 2014
The Agency sought a civil recovery order under the 2002 Act. Silber J  EWHC 4100 (Admin) Bailii Proceeds of Crime Act 2002 Criminal Sentencing Updated: 21 December 2021; Ref: scu.536537
The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support. Held: The request for judicial review … Continue reading Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014
FTTTx INCOME TAX AND NICs – tax assessments and penalty assessments – whether SOCA had reasonable grounds to suspect income accruing to appellant due to criminal conduct so that s. 317(1)(a) Proceeds of Crime Act 2002 applied giving it jurisdiction – yes – whether tax assessments for 2004/05 and 2005/06 raised timeously – yes – … Continue reading Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013
Appeal from property freezing order. Llloyd, Moore-Bick, McFarlane LJJ  EWCA Civ 970,  WLR(D) 327,  CP Rep 47,  1 WLR 3800,  1 All ER 206,  Lloyd’s Rep FC 513 Bailii, WLRD Proceeds of Crime Act 2002 243 England and Wales Criminal Sentencing Updated: 18 November 2021; Ref: scu.514249
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. Ward LJ, Sedley LJ, Hooper LJ  EWCA Civ 375,  1 All ER 465 Bailii Proceeds of Crime … Continue reading UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
Application of the Proceeds of Crime Act 2002 (POCA) to these long-running human trafficking and modern slavery cases in respect of two of the convicted defendants. . .
The applicant appealed against a recovery order made under the act against his assets. His conviction had been set aside as unsafe. . .
Claim by the National Crime Agency brought under s. 243 of the Proceeds of Crime Act 2002 (‘POCA’). Under Part 5 of POCA, s. 266, the NCA is enabled to recover property which is, or represents, property obtained through unlawful conduct. The NCA . .
Claim brought by the National Crime Agency (the ‘NCA’) for a civil recovery order under Chapter 2 of Part 5 of the POCA in relation to certain assets (the ‘Disputed Assets’) held by the First and Second Defendant. . .
Claim for Civil Recovery Order . .
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief . .
Claim by the National Crime Agency under Part 5 of the Proceeds of Crime Act 2002 for the recovery of property and bank accounts owned by various Defendants alleged to be property obtained through unlawful conduct. . .
Proceedings for the civil recovery of the proceeds of unlawful conduct . .
The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police . .
Order for costs after rejection of challenge to Order under the 2002 Act. . .
The Agency sought an order against a bank account saying it represented the proceeds of crime. Third parties said that having lost sums due to unlawful activities by the defendant, they also had a claim against it. . .
Claim for civil recovery against interest in jointly owned property. . .
The claimant sought civil recovery against the third defendant and those said to be assisting him by holding property on his behalf. . .
FTTTx Income Tax – Proceeds of Crime Act 2002 – application by Appellants to stay proceedings in appeals against assessments and penalty determinations on grounds of lack of resources due to subjection of their . .
The claimant owned properties subject to charges in favour of a bank. The Agency alleged that the properties represented the proceeds of crime. The agency had settled its claim by taking a second charge over one property. When that was sold, only . .
The court was asked ‘Does a court in England and Wales have the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside this jurisdiction, . .
The Director sought civil recovery orders from the defendants. . .
The court heard appeals against disclosure orders made under the 2002 Act. The appellants argued that neither the offence, nor the assets nor the appellants themselves were within the jurisdiction. . .
The appellants challenged an order made against them under the 2002 Act where Mr Gale had been prosecuted abroad, but not convicted on drug trafficking allegations. The Agency said that no satisfactory explanation had been given of the considerable . .
Mr Gale had been prosecuted twice in foreign courts on allegations of drug trafficking. Each prosecution had failed. The Agency nevertheless sought an order under the 2002 Act alleging that his property was the fruit of criminal activity.
The Agency asked to have set aside four orders allowing the defendant to have excluded from his assets subject to an interim receiving order to allow payment of his legal expenses.
Held: There was no rule that assets once excluded from an . .
Several of the defendants applied for assets to be excluded from an interim receiving order in order to enable them to meet legal expenses. . .
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that . .
The claimant sought a civil recovery order against the defendant. Drug traces had been found at a property owned by him, but no prosecution followed. . .
The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume . .
The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision.
Held: The review was . .
Appeal against an order refusing to vary a restraint and disclosure order made under the Criminal Justice Act 1988 by the deletion of a paragraph from it. The restraint order was made in the usual form on application and undertakings by HM Customs . .
The defendant appealed a refusal of a certificate of inadequacy to an amount due under a confiscation order, saying that the court had wrongly allowed for the value of a consultancy agreement under which he was entitled to receive an annual fee for . .
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
First grant of unexplained wealth order . .
Concerning application for unexplained wealth order. . .
A substantial confiscation order was made with respect to money seized from the applicant on the ground that customs officers believed the money was directly or indirectly the proceeds of drugs trafficking and/or was intended for use in drug . .
The first defendant’s bankers had heard of his conviction for fraud in Israel and had notified his and associated bank accounts to SOCA. He now appealed against ex parte world wide asset freezing (PFO) and disclosure orders (DO) made againt him. The . .
The court was asked whether and, if so, in what circumstances the court may make orders for interim relief which cut across and in effect disapply the consent regime under the 2002 Act. . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Point on the operation of the Proceeds of Crime Act 2002 with regard to the application of the assumptions arising under section 10 in the context of the criminal lifestyle provisions. . .
Appeal against sentence presents a challenge which is restricted to the term of imprisonment imposed in default of payment of a confiscation order made under the Proceeds of Crime Act 2002. . .
Conviction of two counts of converting criminal property contrary to section 327 of the Proceeds of Crime Act 2002, and to three counts of possession of criminal property contrary to section 329 of the same Act. He was also convicted of one count of . .
Calculation of benefit under the Proceeds of Crime Act 2002 . .
Appeal from conviction of entering into or becoming concerned in a money laundering arrangement, contrary to section 328 of the Proceeds of Crime Act 2002. . .
The CPS was asked to provide information about its civil recovery functions under the Proceeds of Crime Act 2002. It refused, citing the exemption at section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner concluded that whilst . .
This appeal raises issues as to what must be proved before a magistrates’ court can make an order for forfeiture of cash pursuant to section 298(2)(b) of the Proceeds of Crime Act 2002. . .
Consequences of a failure to comply with the provisions of section 15(2) of the Proceeds of Crime Act 2002. . .
Consideration of some of the provisions relating to offences of money laundering set out in the Proceeds of Crime Act 2002. . .
The Commissioner sought judicial review (with permission) of an order made by Magistrates in effect that the police should release cash, which was the subject of a forfeiture application under section 298 of the Proceeds of Crime Act 2002, to the . .
Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . .
Appeal against conviction of one Count of acquiring criminal property, contrary to section 329(1)a) of the Proceeds of Crime Act 2002, and one Count of removing criminal property from England and Wales, contrary do section 327(1)e) of that Act. . .
‘This appeal raises issues of principle as to the scope of living and legal expenditure which should be permitted by restraint orders granted pursuant to s. 41 Proceeds of Crime Act 2002 ‘ . .
Renewed application to appeal against conviction of acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act 2002. . .
ICO (Central Government) The complainant requested information about restraint and confiscation orders made under the Proceeds of Crime Act 2002 (POCA). The Ministry of Justice (MoJ) denied holding the requested . .
The court considered how to deal with a payment into court for the benefit of the parties when assets of one were to be made subject to a restraint order. Newey J  EWHC 1996 (Ch) Bailii Proceeds of Crime Act 2002 England and Wales Litigation Practice Updated: 20 January 2022; Ref: scu.567846
 EWCA Crim 19 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 10 January 2022; Ref: scu.560265
Appeal against a confiscation order made under the Proceeds of Crime Act 2002 (the Act). It requires consideration of the tainted gifts regime created by the Act. Davis LJ, Edis J, Watt HHJ  EWCA Crim 10 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 10 January 2022; Ref: scu.559510
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
The appellant challenged his sentence of 15 months’ imprisonment for possession of Criminal Property. King J  EWCA Crim 1720 Bailii Proceeds of Crime Act 2002 329 England and Wales Criminal Sentencing Updated: 07 January 2022; Ref: scu.556386
Davis LJ, Lang DBE, Patterson DBE JJ  EWCA Crim 1731,  1 WLR 1400,  1 Cr App R (S) 41,  Lloyd’s Rep FC 21,  Crim LR 12,  Crim LR 127 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 05 January 2022; Ref: scu.554245
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income … Continue reading Gabriel, Regina v: CACD 2 Feb 2006
Application by the Respondent to discharge a property freezing order. Held: Where a Canadian court had ordered the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the Canadian prosecuting authority, the appropriate prosecuting authority here was not thereby prevented from commencing proceedings against the proceeds of sale of … Continue reading The Serious Fraud Office v Saleh: QBD 21 Jul 2015
Renewed applications for leave to appeal by two applicants who were convicted, following pleas of guilty, of offences of false accounting. They challenged the use of the Commencement order for the 2002 Act as it applied to offences coming into force after the partial commission of continuing unlawful benefits claims. Morgan LCJ, Coghlin LJ and … Continue reading McCool and Another, Regina v: CANI 22 May 2015
The defendant appealed against a confiscation order of aproximately andpound;500,000. He had been convicted of failure to comply with an enforcement notice in respect of the use of a property as two plannig units. The amount confiscated was calculated as the estimated gross income from the property over five years. Held: The appeal failed. Sir … Continue reading Hussain v Regina (London Borough of Brent): CACD 18 Nov 2014
Appeal against confiscation order John Thomas, Baron Thomas of Cwmgiedd LCJ, Sweeney, Dingemans JJ  EWCA Crim 713 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 29 December 2021; Ref: scu.546100
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015
Appeal against a confiscation order. The defendant argued that once a court had made a forfeiture order, it had no continuing jurisdiction under the 2002 Act Pitchford LJ, Cooke, Lang JJ  EWCA Crim 385,  Crim LR 642,  WLR(D) 130 Bailii, WLRD Proceeds of Crime Act 2002 10 England and Wales Criminal Sentencing … Continue reading Kakkad, Regina v: CACD 17 Mar 2015