Citations: [2020] EWCA Crim 1345, [2020] WLR(D) 611, [2021] 4 WLR 19 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 10A Jurisdiction: England and Wales Criminal Sentencing Updated: 25 September 2022; Ref: scu.655473
The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation. Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a … Continue reading Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014
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 proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003
The defendant had been convicted of a mortgage style fraud in 2013, and confiscation orders made. He now sought to appeal out of time. Held: ‘ it would be contrary to the good administration of justice to grant so lengthy an extension of time as now sought – an extension for which no real reason … Continue reading Yaxley-Lennon, Regina v: CACD 14 Feb 2018
Defendant’s application notice seeking an order that Mr Parvizi’s claim should be struck out as disclosing no reasonable grounds of bringing the claim and, alternatively, for summary judgment. Citations: [2014] EWHC B2 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Banking Updated: 22 November 2022; Ref: scu.536539
Proceedings for the civil recovery of the proceeds of unlawful conduct Judges: The Chancellor (Sir Terence Etherton) Citations: [2014] EWHC 4384 (Ch), [2015] 1 Ch 520, [2015] Lloyd’s Rep FC 161, [2015] WLR(D) 1, [2015] 3 WLR 23 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Police Updated: 17 November 2022; … Continue reading The National Crime Agency v Robb: ChD 23 Dec 2014
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 and Criminal Evidence Act 1984. SOCA, with identical powers to those of the … Continue reading Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010
Judges: Andrews DBE J Citations: [2014] EWHC 3573 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243(1) Jurisdiction: England and Wales Criminal Practice Updated: 22 October 2022; Ref: scu.538210
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 sufficient funds were available to discharge the bank’s first charge, and the Agency … Continue reading Szepietowski v The Serious Organised Crime Agency: CA 21 Jul 2011
The defendant appealed against a decision that he should face a prosecution for contempt of court for breach of a restraint order. Held: The court did have the jurisdiction to deal with such a complaint. Judges: Toulson LJ, Mr Justice Andrew Smith LJ, Bean J Citations: Times 24-Oct-2008 Statutes: Proceeds of Crime Act 2002 41 … Continue reading Regina v M (Restraint order: Jurisdiction): CACD 14 Aug 2008
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 property was sold, the bank’s first charge (securing money also … Continue reading Szepietowski v The National Crime Agency: SC 23 Oct 2013
Challenged to committal to prison for breach of order under the 2006 Act. Judges: Burnett LJ, Hickinbottom J Citations: [2015] EWHC 3476 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 July 2022; Ref: scu.557131
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 operation of the mandate. Held: The request for judicial review was refused. Judges: … Continue reading Regina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency: Admn 2007
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
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
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 by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
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. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002
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 [2016] EWHC 899 (Admin) Bailii Proceeds of Crime Act 2002 Criminal Practice Updated: 14 January 2022; Ref: scu.562907
Applications were made in relation to payment of legal fees in proceeds of crime recovery proceedings Globe J [2013] EWHC 1480 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 31 December 2021; Ref: scu.510164
Appeal by case stated against forfeiture order. Griffith William HHJ [2012] EWHC 2737 (QB), [2013] 1 WLR 1433, [2013] Lloyd’s Rep FC 228 Bailii Proceeds of Crime Act 2002 298 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.519782
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
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
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
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had sufficient evidence tat one of the properties charged had been the fruit of unlawful conduct. … Continue reading The Scottish Ministers v Stirton and Another: SCS 7 Nov 2014
The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014
ECHR Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Narrow scope of review for order confiscating wages from employment obtained using a false passport: violation Facts – The applicant, an Ivoirian national living illegally in the United Kingdom, obtained employment using a false French passport. From 2003 to 2007 he accumulated … Continue reading Paulet v The United Kingdom: ECHR 13 May 2014
Appeal against a confiscation order. Treacy LJ, King J, Kramer QC [2014] EWCA Crim 382 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 05 December 2021; Ref: scu.526965
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
A criminal restraint order had been made against the defendant. He was alleged to have breached the order. The court considered whether the Crown Court had power to consider this as a complaint of contempt. Bean J [2008] EWCA Crim 1901, [2009] 1 WLR 1179 Bailii Proceeds of Crime Act 2002 England and Wales Crime, … Continue reading M, Regina v: CACD 14 Aug 2008
Appeal brought by way of case stated from the decision of the Crown Court at Chelmsford on 1 March 2013 to uphold the decision of the Magistrates’ Court to order the forfeiture of a sum of andpound;6,500 pursuant to section 298 of the Proceeds of Crime Act 2002 Andrews J [2014] EWHC 462 (Admin) Bailii … Continue reading Nuro v The Home Office: Admn 7 Feb 2014
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 2014
appeal against a confiscation order under section 6 of the Proceeds of Crime Act 2002 Mr Justice Lewis [2014] EWCA Crim 1312 Bailii England and Wales Criminal Sentencing Updated: 22 November 2021; Ref: scu.533799
Appeal from property freezing order. Llloyd, Moore-Bick, McFarlane LJJ [2013] EWCA Civ 970, [2013] WLR(D) 327, [2013] CP Rep 47, [2013] 1 WLR 3800, [2014] 1 All ER 206, [2013] 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
SCS Outer House – (i) The petitioners are the enforcement authority for Scotland for the purposes of part 5 of the Proceeds of Crime Act 2002. They sought, and were granted, a disclosure order in terms of section 391 of that Act, averring that certain property of which the respondent has knowledge was the subject … Continue reading In The Petition Scottish Ministers for A Disclosure Order In Respect of AM: SCS 19 Aug 2014
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later convicted of having misled the first lender in his application. The judge … Continue reading Waya, Regina v: SC 14 Nov 2012
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
Renewed application for leave to appeal against a confiscation order . .
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. . .
Application for leave to appeal from criminal restraint orders . .
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
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The defendant appealed against a confiscation order made on his conviction for possession of a Class B controlled drug. There had been considerable delays in the completion of the process, and it had exceeded the two year limit. The appellant argued that exceptional circumstances had not existed. The court had, of its own motion, adjourned … Continue reading Regina v Johal: CACD 19 Apr 2013
The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 305, [2015] 1 WLR 4149, … Continue reading Guraj, Regina v: CACD 6 Mar 2015
The defendant faced confiscation proceedings. The judge gave instructions to the listing office to give a later date for the hearing. The defendant said that the delay took the case out of the court’s jurisdiction to make an order. Held: The judge’s act was in itself a valid postponment so as to extend the time … Continue reading Crown Prosecution Service v Neish: CACD 6 May 2010
The RCPO appealed against refusal of permission to continue their application for a confiscation order. The defendant had been convicted of conspiracy to supply class A drugs, but said that the application was now out of time. Held: The appeal failed. Where a confiscation order application was to be made outside the two year time … Continue reading Regina v Iqbal; Revenue and Customs Prosecution Office (RCPO) v Iqbal: CACD 3 Feb 2010
Sentence without Counsel unlawful – Legal Aid Challenge to the lawfulness of the immediate custodial sentence imposed on the appellant in the absence of counsel to represent her in court, in circumstances where counsel had refused to attend court in support of the Criminal Bar Association (CBA) days of action. In addition, it is said … Continue reading Nguyen, Rex v: CACD 4 Nov 2022
Prosecutor’s appeal as to terms of confiscation order Citations: [2021] EWCA Crim 543 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – The London Borough of Barnet v Kamyab CACD 27-Jul-2021 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 01 December … Continue reading London Borough of Barnet v Kamyab: CACD 15 Apr 2021
The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012
Citations: [2012] ScotCS CSOH – 166 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had been left at the house. He also complained of the mention … Continue reading Payton, Regina v: CACD 26 May 2006
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
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 section 35(1)(a) was engaged by the information, the public interest did not support withholding the information … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Jun 2010
Citations: [2012] ScotCS CSOH – 15 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading The Scottish Ministers v Stirton: SCS 24 Jan 2012
The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He had been found guilty of contempt after fleeing. Held: … Continue reading OB v The Director of The Serious Fraud Office: CACD 1 Feb 2012
Akhtar had arranged with a mortgage broker to obtain money from lenders by submitting false mortgage applications on behalf of third parties. He was prosecuted under section 328. The prosecution argued that Akhtar was guilty because he entered into an arrangement which he knew would facilitate the acquisition of property for third parties by deception, … Continue reading Amir and Another, Regina v: CACD 23 Nov 2011
The court considered the circumstances under which it might exercise its jurisdiction to prevent an abuse of process in confiscation proceedings. The circumstances where a confiscation might be oppressive are: ‘where demonstrably (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s), (ii) his benefit is limited to those … Continue reading Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008
The defendant appealed against the making of a confiscation order, saying that the court had erred in the procedure for forfeiting drugs. Held: The appeal failed. The section contained an express prohibition against making both a forfeiture and a confiscation order. However the object of the act should not be frustrated by the erroneous imposition … Continue reading Regina v Donohoe: CACD 28 Jul 2006
Citations: [2011] EWCA Crim 146, [2011] 1 Cr App Rep 37, [2011] Lloyd’s Rep FC 316 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 September 2022; Ref: scu.428636
The appellants challenged restraint and receivership orders made against them under the 2002 Act. Judges: Hooper LJ, Openshaw J, Sir Geoffrey Grigson Citations: [2011] EWCA Crim 143, [2011] Lloyd’s Rep FC 204, [2011] 2 Cr App R 7, [2011] WLR (D) 4 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales … Continue reading Windsor and Others v Crown Prosecution Service: CACD 8 Feb 2011
The claimants sought very substantial damages against the bank, arising from the bank’s delay in executing four transactions. The defendant said that it suspected that the proposed transactions concerned criminal property and that, in those circumstances, they were not required to comply with the payment instructions. The claimant complained at this point of the redaction … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 4 Jul 2011
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
Nelson had been found possessing a stolen digger worth andpound;14,000. It was returned to the owner. He was to receive andpound;1,000 for supplying documents for it. Pathak used monet stolen from his employers to purchase property, but had repaid the money stolen. The property was ordered to be confiscated. Paulet as an immigrant had worked … Continue reading Crown Prosecution Service (Durham) v Nelson; CPS v Pathak; CPS v Paulet: CACD 28 Jul 2009
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported. Held: The appeal failed. The court could take account of the illegal market value of drugs when setting the amount of a confiscation order. (Lord Walker … Continue reading Islam, Regina v: HL 10 Jun 2009
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown … Continue reading Regina v Montila and Others: HL 25 Nov 2004
Citations: [2009] ScotCS CSOH – 61 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . Cited by: See Also – The Scottish Ministers v … Continue reading Scottish Ministers v Stirton and Another: SCS 30 Apr 2009
Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment Citations: [2008] ScotCS CSOH – 20 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Scotland Cited by: See Also – Scottish Ministers v Stirton and Another SCS 30-Apr-2009 . .See Also – … Continue reading Scottish Ministers v Stirton and Another: SCS 5 Feb 2008
Citations: [2005] NIQB 67 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Northern Ireland Criminal Sentencing Updated: 14 July 2022; Ref: scu.231297
Judges: Davis LJ , Supperstone J, Judge Zeidman QC Citations: [2015] EWCA Crim 1448, [2015] WLR(D) 302 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 13 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 July 2022; Ref: scu.556383
The Director said the Judge had been wrong to discharge on grounds of want of disclosure a restraint order previously made ex parte under the Proceeds of Crime Act at the request of a foreign investigator.‘The proper approach is to consider whether the public interest does or does not call for the order to stand, … Continue reading Serious Fraud Office v A: CACD 2 Aug 2007
Application for a civil recovery order. Judges: Tugendhat J Citations: [2008] EWHC 149 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 10 July 2022; Ref: scu.264108
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
A cash sum of andpound;87,000 was transferred. The defendants appealed against a ruling under the 1996 Act, saying that at the time of its transfer, the property did not represent criminal property under the Act. Held: The pre-conditions for holding a preliminary hearing under the 1996 Act had not applied, and the appeal should not … Continue reading Regina v L, G etc: CACD 17 Jun 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Appeal as to proposed enforcement of domestic confiscation orders. Citations: [2019] EWCA Crim 501 Links: Bailii Statutes: Proceeds of Crime Act 2002, Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 June 2022; Ref: scu.634822
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. Judges: Mole QC HHJ Citations: [2008] EW Misc 2 (EWCC) Links: Bailii Statutes: Proceeds of Crime Act … Continue reading P, Regina v: Misc 18 Mar 2008
(Court for Crown Cases Reserved) The defendants were charged with conspiracy to defraud a judgment creditor of the fruits of a judgment by dishonestly backdating a dissolution of their partnership to a date prior to a bill of sale given by Railton to Cox in respect of his assets. The trial judge permitted the prosecution … Continue reading Regina v Cox and Railton: 1884
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The defendant had admitted supplying cocaine and possession. In searches of his home, police found drugs and andpound;13,880 cash on one occasion and andpound;600 on another. His basis of plea, however, was that he had allowed his home to be used for the six month period charged in the indictment as a safe house for … Continue reading Regina v Lazarus: CACD 2004
Appeal against a confiscation order Judges: avis LJ, Whipple DBE J, Patrick Field QC HHJ Citations: [2018] EWCA Crim 691 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 May 2022; Ref: scu.624022
The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On appeal, that element was set aside. The section referred to the pecuniary advantage obtained by the … Continue reading Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001): CACD 27 Jul 2001
Application for judicial review of three search and seizure warrants Judges: Lord Justice Fulford and Mr Justice Silber Citations: [2013] EWHC 4140 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 352 Jurisdiction: England and Wales Criminal Practice Updated: 09 May 2022; Ref: scu.519994
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
The claimant applied for an order vesting in its nominated trustee the ownership of a cash deposit of pounds 4.4 million at the Royal Bank of Scotland in London held in an account for the benefit of the defendant. The claim was made under provisions in the Proceeds of Crime Act 2002 which, in the … Continue reading Serious Fraud Office v Saleh: QBD 22 Mar 2018
Judges: Lady Wise Citations: [2017] ScotCS CSOH – 114 Links: Bailii Statutes: Proceeds of Crime Act 2002 128 Jurisdiction: Scotland Criminal Practice Updated: 29 March 2022; Ref: scu.593567
Application for leave to appeal against convictions for money laundering related offences. Judges: Jolroyde LJ, Zeidman QC HHJ Citations: [2017] EWCA Crim 1147 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) Jurisdiction: England and Wales Crime Updated: 28 March 2022; Ref: scu.591698
The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence. Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of … Continue reading Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 2017
Judges: Lord Justice Toulson Citations: [2011] EWCA Civ 69, [2011] ACD 46 Links: Bailii Statutes: Criminal Justice Act 1988 71, Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: Cited – May, Regina v HL 14-May-2008 The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation … Continue reading Glaves v Crown Prosecution Service: CA 3 Feb 2011
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008
No Waiver for disclosure of Advice EAT PRACTICE AND PROCEDURE: Admissibility of evidence The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they … Continue reading Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008
Judges: Richards LJ, Openshaw J, Stephens QC J Citations: [2008] 2 Cr App Rep 15, [2008] 1 WLR 2113, [2008] Lloyd’s Rep FC 206, [2008] 2 Cr App R (S) 80, [2008] 3 All ER 315, [2008] WLR 2113, [2008] Crim LR 650, 200606278-B5, [2008] EWCA Crim 239 Links: Bailii Statutes: Proceeds of Crime Act … Continue reading CPS Nottinghamshire v Rose: CACD 21 Feb 2008