£35,000 Confiscated from Drug Dealer
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
NEWS RELEASE
25 JANUARY 2012
£35,000 CONFISCATED FROM DRUG DEALER
At Edinburgh Sheriff Court today, a Confiscation Order for £35,000 was made against Matthew Muir (DOB 08.04.1981).
Muir, from Edinburgh, had previously pled guilty to being concerned in the supply of cocaine. He was sentenced to 300 hours community service.
Lindsey Miller, Head of the Serious and Organised Crime Division (SOCD) and the current POCA champion, said:
"Matthew Muir was convicted of dealing a large amount of cocaine. His position when arrested was that he was effectively a "go between", receiving the drugs from one individual to deliver to another.
"Drug trafficking, however it manifests itself, is a "lifestyle offence" under the Proceeds of Crime Act 2002. This means that the court is entitled to look at all an accused person's income from the six years preceding the arrest; in this case Matthew Muir could not provide the court with a legitimate source for £35,000 of his 'income'.
"This confiscation order demonstrates the disruptive effect of POCA. Any conviction for drug trafficking - no matter the extent of someone's involvement in it, or how much they seek to minimise their criminality - opens the door to a detailed financial investigation and can result, as in this case, with a confiscation order for a significant sum of money."
Ends
Notes for Editors
1. At Edinburgh Sheriff Court on 22 June 2010, Matthew Muir pled guilty to section 4(3)(b) of the Misuse of Drugs Act 1971, being concerned in the supply of cocaine. On 22 July 2010, he was sentenced to 300 hours community service.
2. Brief summary of case (predicate case): On 15 January 2010, police officers granted a search warrant for addresses associated with the accused at 41/4 Easter Hermitage, Edinburgh, 20 Prospect Bank Gardens, Edinburgh and 61 Prospect Bank Road, Edinburgh. Matthew Muir was detained under section 23 Misuse of Drugs Act 1971 on 22 January 2010. Within 20 Prospect Bank Gardens controlled drugs valued at between £26,820 and £29,360 were recovered. Matthew Muir admitted ownership of the drugs and associated paraphernalia recovered and advised officers that he had received the drugs from another and that he was to deliver them to other persons.
3. Muir has one previous conviction under the Misuse of Drugs Act 1971, in 1998 he was convicted of two contraventions of section 5(2) Misuse of Drugs Act 1971 at Edinburgh Sheriff Court summary level.
4. A Confiscation Order is an order made by the court following criminal conviction, to pay a fixed sum of money from the proceeds of crime. An application for confiscation is one of the tools at the disposal of the Crown under the Proceeds of Crime Act 2002 and Proceeds of Crime (Scotland) Act 1995.
5. The Serious and Organised Crime Division works together with colleagues at the Civil Recovery Unit, and other law enforcement agencies, such as the Scottish Drugs Enforcement Agency, UK Police Forces, HM Revenue and Customs and Department for Work & Pensions (DWP) to identify and recover the proceeds of crime.
6. Proceeds of Crime legislation is also used by the Civil Recovery Unit acting on behalf of Scottish Ministers. The Civil Recovery Unit investigates and recovers the property realised through criminal activity of individuals, in the civil courts without the need for criminal conviction.
7. Money recovered under the Proceeds of Crime Act is invested by Scottish Ministers in community projects aimed at alleviating the effects of crime. To date, more than £60 million has been invested in a range of activities for young people through the CashBack programme. Details can be found at http://www.cashbackscotland.com.
8. The Crown Office and Procurator Fiscal Service is a committed member of the Scottish Government's Serious Organised Crime Task Force. The Task Force has a remit to pursue serious organised crime in all its forms by bringing together all agencies involved in tackling organised crime groups. Task Force members include the Cabinet Secretary for Justice, the Lord Advocate, representatives from COPFS, the Scottish Government, ACPOS, SCDEA, HMRC, SOCA and SPS. Details of the work of the Taskforce can be accessed here: http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime.
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