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COPFS

Proceeds of Crime Act

5 March 2013

Freedom of Information request : Proceeds of Crime Act

Thank you for your request under the Freedom of Information (Scotland) Act 2002 ("FOISA") dated 1 February 2013 seeking the following information:

1) The amount of money spent by the Serious and Organised Crime Division on pursuing Proceeds of Crime Act cases, broken down by financial year, starting from 2003/04.


2) The amount of money spent by the Civil Recovery Unit on pursuing Proceeds of Crime Act cases, broken down by financial year, starting from 2003/04.

3) The number of Proceeds of Crime cases involving a request to an international jurisdiction for cooperation in seizing assets, and the money recouped from the process, broken down by financial year, starting from 2003/04.

4) The amount of money paid to enforcement receivers to pursue Proceeds of Crime cases, broken down by financial year, starting from 2003/04.

5) The amount of money recouped by enforcement receivers paid to pursue Proceeds of Crime cases, broken down by financial year, starting from 2003/04.

Questions 1) and 2)

The information held by COPFS in relation to questions 1) and 2) which falls within the ambit of your request is contained in the table at Annex A – this includes staffing costs, case related expenditure (including witness expenses and consultants' fees) as well as costs associated with registering restraint orders at court.

When you have asked about the amount of money spent by the Serious and Organised Crime Division on pursuing Proceeds of Crime Act cases we have taken that to mean the costs associated with the Proceeds of Crime Unit (POCU) within the Serious and Organised Crime Division whose remit is to deal with all aspects of restraint and confiscation under the Proceeds of Crime Act 2002:

Question 3)

I have attached a table AT Annex B which sets out the number of Proceeds of Crime cases involving a request to an international jurisdiction for cooperation broken down by year – this is not held on a financial year basis. While your request relates to "seizing assets" we have set out the nature of the requests so you can see the type of assistance requested and from which country.

Question 4)

In Scotland we refer to "enforcement administrators". The funds for expenses such as those paid to enforcement administrators are recorded along with the fees for other professional services, including forensic accountants and counsel, and are not distinguishable from other costs for professional services.

Question 5)

In terms of section 17 of FOISA I can confirm that the information you seek in relation to the amount of money recouped by administrators for the purpose of realising confiscation orders is not held by COPFS. May I suggest that you contact the Scottish Court Service at:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Post: The Freedom of Information Officer, Scottish Court Service Headquarters, 1A Parliament Square, Edinburgh, EH1 1RF.

Annex A

                               

2003-04

2004-05

2005-06

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

1) Running costs (POCU) £000

275

280

286

313

408

702

730

826



895

2) Running costs (CRU)

£000

1200

1206

1230

1043

1334

1744

1819

1791



1384

Total Running Costs

1475

1486

1516

1356

1742

2446

2549

2617

2279







ANNEX B

















Country

Request Type

Year sent to Foreign Authority

Lux / IOM

Enforcement of CO

2008

Bulgaria

Enforcement of CO

2009

Cyprus

Restraint

2004

Cyprus

Restraint

2006

Cyprus

Restraint

2007

USA

Service of RO

2008

Dutch Antilles

Restraint

2006

Jersey

Intimation of Restraint in UK

2005

Switzerland

Intimation of Restraint in UK

2006

Jersey

Restraint

2005

Canada

Service of RO

2008

Bulgaria

Variation of RO

2009

IOM

Registration of Restraint

2009

Spain

restraint of assets

2010

Dutch Antilles

Recall of Restraint

2011

Antigua

Funds restrained

2003

Hong Kong

Funds restrained

2004

France

Funds restrained

2004

Isle of Man

Funds restrained

2004

Jersey

Funds restrained

2007

Cyprus

registration of RO



Cyprus

enforcement of CO



Cyprus

Funds restrained

2006

UAE

Registration of RO

2009

Spain

Confiscation case: Restraint of assets

2009

Indonesia

recall of restraint

2010

Spain

Restraint of assets(Property)

2010

Spain

Restrain of Assets (Bank Ac)

2010

Spain

Restraint

2011

Spain

Enforcement of CO

2012

Seychelles

Registration of RO

2010