Crown Office and Procurator Fiscal Service

Crown Office

30 March 2010

Case Against Edward Lyons

At Glasgow Sheriff Court today Edward Lyons pled guilty to fraudulently obtaining mortgage funds of more than £250,000, between 2003 and 2005. He also pled guilty to an offence in terms of Section 327 of the Proceeds of Crime Act 2002, by illegally transferring £30,000 of the proceeds from the sale of one of these mortgaged properties to his daughter.

Sentence has been deferred on Lyons until 27 April 2010. The Crown also advised the Court that it would be seeking to recover the proceeds of Lyons' crimes by a confiscation order. A confiscation hearing under the Proceeds of Crime Act 2002 has been set down for 25 May 2010

Speaking after the hearing, Scott Pattison, Crown Office Director of Operations, said:

"Edward Lyons failed to disclose accurate information to mortgage companies in a deliberate ploy to defraud them of money. This involved a gross abuse of trust. The Crown Office specialist National Casework Division is committed to working with other agencies to ensure that financial crime is investigated robustly and where there is sufficient evidence, that perpetrators of these crimes are prosecuted.

"We aim to ensure that crime does not pay. The Crown Office and Procurator Fiscal Service is committed to recovering the proceeds of crime using the full powers available under the Proceeds of Crime legislation."

Ends

Notes

1. This case was investigated and prosecuted by the specialist Crown Office National Casework Division, which provides a focussed, proactive response to financial crime. The Division has access to serious fraud investigative powers equivalent to those of the Serious Fraud Office in appropriate cases. Specialist financial investigators and accountants work within the division.

2. The National Casework Division and Civil Recovery Unit within Crown Office works with colleagues at the Scottish Drugs Enforcement Agency, UK Police Forces and HM Revenue and Customs to identify and recover the proceeds of crime.

3. The National Casework Division deals with the confiscation of proceeds of crime following conviction and secures money from convicted criminals i.e. those who have been convicted of drug dealing, money laundering, or fraud. The Civil Recovery Unit investigates and recovers the proceeds of crime through the civil courts, without the need for criminal conviction.

4. Money recovered under the Proceeds of Crime Act, up to a maximum of £17m a year, is invested by Scottish Ministers in community projects aimed at alleviating the effects of crime. If more than £17m is recovered in any financial year, the balance is sent to the UK Treasury.

5. The Solicitor General for Scotland, Frank Mullholland, Q.C announced today at a Proceeds of Crime Awareness event at the Scottish Police College, that Lesley Thomson, Area Procurator Fiscal for Glasgow, and Assistant Chief Constable Angela Wilson from Tayside Police will spearhead the efforts of police and prosecutors to target criminals and serious and organised crime groups across Scotland.

6. The Proceeds of Crime conference took place at the Scottish Police College in Tulliallan and was attended by staff from COPFS, the Police, Serious Organised Crime Agency, HM Revenue and Customs and other agencies. The event which will help to map the way forward building on recent success in using the Proceeds of Crime legislation to recover unlawfully obtained assets. The conference was jointly hosted by COPFS and ACPOS.