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Proceeds of Crime Act – Dumfries (R010548)

Proceeds of Crime Act – Dumfries (R010548) 

Thank you for your request dated 8 June 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information: 

“i) How much has been seized under the Proceeds of Crime Act at Dumfries Sheriff Court in each of the following years: 2012, 2013, 2014? 
ii) For each of those seizures, could you specify their name, the date of order and the offence they were convicted of?
iii) For each crime, could you specify how much the proceeds of their crime was calculated at?”

I attach a table at Annex A showing the information requested for the financial years 2012/13, 2013/14 and 2014/15. 

It should be noted that the initials MDA referred to in the Charge column of the attached table refer to the Misuse of Drugs Act. 

You may note that there are some confiscation orders in which the amount of the order differs from the benefit figure.  The benefit figure is calculated by looking at the amount that the accused has benefited from the criminal conduct.  The amount of the order is calculated using the realisable assets which they have.  In instances where the value of the assets available at the time a confiscation order is made is less than the criminal benefit recorded, an order is for the amount available.  This therefore is the figure that the accused is required to pay to the court and which is remitted to the Scottish Consolidated Fund.  If the accused obtains any assets in the future, the Crown can ask the court to recalculate the confiscation order up to the value of the total benefit recorded. 

Annex A

                      Confiscation Orders made at Dumfries Sheriff Court

 
    April 2012 - March 2013

   
           
Name of Accused

Sheriff Court

Date of Order

Charge

Benefit Figure

Order for

Donoghue, Michael

Dumfries

14-Aug-12

MDA 1971 s4(3)(b)

£30,154.54

£25,154.25

Graham, Paul Martin

Dumfries

22-Jan-13

MDA 1971 s4(3)(b)

£5,300.00

£5,300.00

           
    April 2013 - March 2014

   
        Please note there were no Confiscation Orders made at Dumfries Sheriff Court in this financial year

    April 2014 - March 2015

   
Name of Accused

Sheriff Court

Date of Order

Charge

Benefit Figure

Order for

Wiejas, Robert

Dumfries

23-Jul-14

MDA 1971 S4(3)(B)

£74,468.39

£321.58

Pearson, Andrew Christopher

Dumfries

19-Sep-14

MDA 1971 S4(3)(B)

£1,640.00

£1,190.00

Mir, Atif Tariq

Dumfries

25-Nov-14

MDA 1971 S4(3)(B)

£11,000.00

£4,500.00

Shikari, Mohammed

Dumfries

28-Nov-14

MDA 1971 S4(3)(B)

£192,937.74

£70,000.00

Sharif, Nadeem Ifty

Dumfries

2-Dec-14

TRADE MARKS ACT 1994 S92(1)&(6

£8,904.44

£3,000.00

Landale, Mark

Dumfries

22-Dec-14

MDA 1971 S4(2)(A)

£19,500.00

£19,500.00

Finlay, Angela

Dumfries

16-Jan-15

MDA 1971 S4(2)(A)

£1,300.00

£450.00