Crown Office and Procurator Fiscal Service

28 December 2007

ANOTHER SUCCESSFUL CIVIL RECOVERY CASE CONCLUDES

Scottish Ministers have recovered assets worth £60,000 in a case that recently concluded at the Court of Session. The assets consist of funds held in a bank account obtained through the unlawful conduct of Stephen Devine, care of HM Prison, Kilmarnock.

Following an investigation, the Scottish Government's Civil Recovery Unit argued that Mr Devine had been involved in the supply of controlled drugs in the Hamilton area since at least 1993. Mr Devine has now agreed to settle the civil recovery proceedings by admitting that assets valued at £60,000 had been obtained through unlawful conduct, and are therefore recoverable.

Initially Mr Devine claimed that the money had been obtained as a result of successful gambling activity, but the settlement agreement makes it clear that the funds were derived from his involvement in the supply of controlled drugs.

The Lord Advocate, Elish Angiolini said:

"Day in and day out the Civil Recovery Unit is successfully claiming back assets from individuals that are suspected of having obtained them by illegitimate means. This latest case should send a strong message to all involved in unlawful activity, that we will seek to recover illegally obtained assets at every opportunity, using all the powers available to us."

Notes to Editors:

1. Mr Devine is presently in prison having been found guilty of contraventions of the Firearms Act 1968 on 25 November 2005 at the High Court of Justiciary in Edinburgh. He was sentenced to a period of imprisonment of eight years.

2. The Proceeds of Crime Act 2002 (POCA) came into force early in 2003. POCA makes provision for a civil recovery scheme, whereby the proceeds of unlawful conduct are recoverable, and an enhanced cash forfeiture scheme. The Scottish Ministers institute civil recovery proceedings. The Civil Recovery Unit is responsible for the implementation of civil recovery and cash forfeiture in Scotland. The Lord Advocate is the Scottish Minister responsible for the operation of the Unit.

3. Civil Recovery Unit Breakdown of Figures

Contact: Communications 0844 561 3708

Internet: www.copfs.gov.uk