This appeal raises an important issue on the confiscation regime laid down by the Proceeds of Crime Act 2002 (‘POCA’). It concerns what is often referred to as ‘cv fraud’ (‘cv’ being shorthand for ‘curriculum vitae’). Typically, as in this case, this occurs where a fraudster includes lies on his or her application form for a job (for example, by including qualifications or experience which he or she does not have) and, as a result, is appointed to the job. The fraudster performs the agreed services satisfactorily and is paid the agreed salary until the fraud is discovered. On a conviction for fraud, should there be a confiscation order stripping the fraudster of his or her earnings (net of tax and national insurance)? In particular, would such a confiscation order be disproportionate under the proviso in section 6(5) of POCA?
Judges:
Lord Hodge, Deputy President
Lord Kitchin
Lord Hamblen
Lord Burrows
Lord Stephens
Citations:
[2022] UKSC 24
Links:
Bailii, Bailii Press Summary, Bailii Issues and facts
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 19 August 2022; Ref: scu.680320
