Freedom of Information: Proceeds of Crime cases (R011281)
Thank you for your request dated 15 September 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:
“I'm looking for details of all concluded Proceeds of Crime cases for Scottish courts over the last year.
Could you please break this down by -
Name of accused
The court that dealt with the case
The date of the order
The type of offence
The proceeds of the crime
The realisable assets
The amount the final order was made for”
Please apologise for the delay in responding to your request.
I attach a table at Annex A showing the information requested for the year preceding the date of your request.
It should be noted that the named courts listed in the Court column of the table are Sheriff Courts unless they are followed by the initials HC, which denotes High Court.
It should also 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 accused’s realisable assets (available amount) differ from their financial crime benefit (benefit figure). The benefit figure is the amount by which the accused has benefitted from their crime and the available amount is the realisable assets which they have. In instances where there are no assets available at the time a confiscation order is made an order can be made for as small a figure as £1.00. These confiscation orders are called nominal confiscation orders. The purpose of a nominal order is to preserve the Crown’s position, so that if the accused obtains any assets in the future the Crown can ask the court to recalculate the confiscation order.
With regard to the entry on the table for Shahid Ramzan on 7 September 2015, please note that this was an order under Section 107 of the Act rather than a new confiscation order. In instances where the recoverable assets are less that the proceeds of the crime, should further assets be identified or the true value once realised be greater than previously thought, Section 107 of the Act enables the prosecutor to return to Court to increase the amount which the accused requires to pay (subject to the maximum being his benefit figure from the proceeds of crime). In this instance, a confiscation order was made against Shahid Ramzan on 27 April 2015 at the High Court of Justiciary, recording his benefit from criminal conduct as £6,883,106.25 and at that time his assets were thought to be worth £240,000. It later transpired that Shahid Ramzan was the owner of a further £67,174.95 of monies held by law enforcement. Upon that information being made available to the Crown, the case was returned to Court and on 7 September 2015, Shahid Ramzan was ordered to pay the additional £67,174.95 towards the original order. Shahid Ramzan has therefore been ordered to pay a total of £307,174.95.