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Benefit calculation should not incorporate the costs of the commission of offence

In Ahmed and Ahmad [2012] EWCA 391 the Court of Appeal was tasked with considering the calculation of confiscation orders made under the Criminal Justice Act 1988 following the conviction of co-defendants in a huge carousel fraud. Both defendants had been ordered to pay £92,333,667 within two months under penalty of a ten year default sentence. It…

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Unlawful seizure of cash is no bar to forfeiture

In the secretary of state for the Home Department v Tuncel and Basbaydar [2012] EWHC 402 Keith J was effectively asked to determine the question of whether an unlawful seizure of cash precludes forfeiture under section 298 POCA 2002. Mr Tuncel and Mr Basbaydar had been trying to board a plane to Istanbul at Heathrow when customs…

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Frozen bank account and no explanation – an overview of suspicious Activity Reports and the high street bank customer from Brett Wilson LLP civil fraud solicitors.

suspicious Activity Reports (sARs) have been with us for over 10 years, but to many outside the Regulated sector they are a somewhat unfamiliar concept. The number of sARs has increased steadily.  The latest available statistics (October 2009-september 2010) show that nearly 250,000 sARs are made each year.  So what exactly is a sAR, what goes on behind…

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Assets acquired after confiscation are a legitimate target for pre-POCA cases

In the matter of Peacock [2012] UKsC 5 the supreme Court was asked to decide whether assets acquired perfectly legitimately after a confiscation order made under the Drug Trafficking Act 1994, can lawfully be assessed against the benefit figure in that Order for the purpose of a re-determination. In January 1997, the Appellant pleaded guilty to conspiring to…

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section 8(8) POCA precludes double counting of assessment for benefit under 'lifestyle' provisions

In Barnett [2011 EWCA 2936] the Court of Appeal was required to interpret section 8(8) of the Proceeds of Crime Act 2002. In 2005, Barnett had been convicted of living on prostitution. Under the terms of an agreement between the Crown and the defence, the Judge made a confiscation order in the sum of £21,017.34. That Order…

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No Article 6 Protection in Civil Asset Recovery Proceedings

In Gale and another v serious Organised Crime Agency 2011  UKsC 49 the supreme Court was asked to consider the application of Article 6 to Part 5 civil recovery proceedings under the Proceeds of Crime Act 2002. Mr and Mrs Gale had been made the subject of a civil recovery order at first instance by Griffith Williams J….

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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