Held that the Fraud Act 2006 s.13 had removed the privilege against self-incrimination in respect of an offence under section 328 of the Proceeds of Crime Act 2002. http://www.bailii.org/ew/cases/EWCA/Civ/2009/1124.html

Solicitors could transfer money held on client account to office account to pay costs without requiring variation to a restraint order under section 41 of the Proceeds of Crime Act 2002 s.41. Lawtel subscribers only http://www.lawtel.com/content/display.asp?ID=AC0118136CA%28CrimDiv%29.pdf

The Court of Appeal held that the proceeds of evading tax on income which was derived from a legitimate trade could amount to ’criminal property’, distinguishing the case of Gabriel [2006] EWCA Crim 229 which appeared to have caused confusion in the minds of some practitioners. http://www.bailii.org/ew/cases/EWCA/Crim/2007/491.html

[2007] EWHC 978 (Admin) Lawtel subscribers only. http://www.lawtel.com/Login?ReturnUrl=%2fMyLawtel%2fDocuments%2fAC9901164

Where one defendant receives money or other property jointly on behalf of several other defendants each defendant is regarded as having received the whole of it for the purposes of confiscation proceedings. It does not matter if one defendant had received the whole sum, retained his ‘share’ and passed the balance on. The capacity in […]

Supreme Court held that the application of civil standard of proof in civil recovery proceedings did not breach Article 6 of the European Convention on Human Rights . http://www.bailii.org/uk/cases/UKSC/2011/49.html

Profits made from trading in legitimate goods were not necessarily converted into criminal property by a failure to declare them to the Inland Revenue or the Department of Work and Pensions. The failure to declare the profits for the purposes of income tax could give rise to a criminal offence but it did not make […]

Decided under s.93A Criminal Justice Act 1988 but equally relevant to the Proceeds of Crime Act 2002. The words “suspect” and “suspicion” meant that the defendant had to think that there was a possibility, which was more than fanciful, that the relevant facts existed. A vague feeling of unease would not suffice, but the statute […]