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COPFS

POCA - 5 November 2013

Freedom of Information: POCA

Thank you for your e-mail of 5 November 2013 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

"Under freedom of information can you please provide details of proceeds of crime cash seized within the last five years under The Proceeds of Crime Act 2002.

Can you provide a breakdown of all the money seized during this period and from whom, and for which particular crime?
Can you also provide a breakdown of where the money seized during this period went?

Can all of the items seized also be detailed, with details of how much the items were sold for? For example, can details of all buildings, cars and jewellery seized be provided?
Can details of all items that have failed to sell and which are still held by the copfs also be provided?
Can details of where the items are stored, if applicable also be provided?"

It might assist if I begin by explaining that there are two specialist units within COPFS which deal with work under the Proceeds of Crime Act, namely:
(i) Criminal confiscation which is dealt with by the Serious and Organised Crime Division (SOCD); and
(ii) Civil recovery which is dealt with by the Civil Recovery Unit (CRU).
(i) The Serious and Organised Crime Division( SOCD) deals with restraint and confiscation under the Proceeds of Crime Act 2002 on behalf of COPFS.
(ii) The Civil Recovery Unit (CRU) acts on behalf of the Scottish Ministers as the enforcement authority for Scotland under Part 5 of the Proceeds of Crime Act 2002. CRU functions under the 2002 Act can be divided into two areas: asset recovery and cash forfeiture. Cash forfeiture cases only are heard in the Sheriff Court. Other assets are dealt with by proceedings raised in the Court of Session.

Having explained this, I will now turn to your request for information.

  • "Can you provide a breakdown of all the money seized during this period and from whom, and for which particular crime?"

In answering this request I think it would be helpful to clarify that SOCD do not seize money. A confiscation order is an order of the court, following conviction, whereby the subject of the order is required to make payment of a fixed sum of money reflecting the benefit obtained from his or her criminal conduct or, in appropriate cases, from a criminal lifestyle. In criminal confiscation cases the Crown does not seize and sell assets.

The information held by the Crown Office and Procurator Fiscal Service (COPFSCrown Office and Procurator Fiscal Service ) which falls within the ambit of your request in relation to confiscation orders obtained under POCA and POC (Scotland) Act 1995 has already been published for financial years 2010/11, 2011/13, 2012/13 and 2013/14(to date of the previous request) and under section 25(1) of FOISA we are not required to provide information in response to a request if it is already reasonably accessible to you. The information is published on our web-site and is accessible using the link below. The figures have been broken down according to which "legacy" police force (i.e. before the introduction of the Police Service of Scotland) was responsible for reporting the predicate criminal offence to COPFS. As requested, I also attach information from financial year 2009/10, which is not included in the previous response.

http://www.copfs.gov.uk/foi/responses-we-have-made-to-foi-requests/467-proceeds-of-crime-act-2002

  •  "Can you also provide a breakdown of where the money seized during this period went?"

 

COPFS do not seize money for Proceeds of Crime Act confiscation proceedings.

In civil proceedings money seized by law enforcement officers under the cash recovery provisions of the Proceeds of Crime Act 2002 (the 2002 Act) can be detained and then forfeited by the sheriff court, on application of the Civil Recovery Unit on behalf of the Scottish Ministers. Forfeited cash is remitted to the Scottish Consolidated Fund. Details of the total sums remitted to the Scottish Consolidated Funds by the CRU for both asset recovery and cash forfeiture are also available at:

http://www.copfs.gov.uk/foi/responses-we-have-made-to-foi-requests/506-proceeds-of-crime-act-25-july-2013

  • "Can all of the items seized also be detailed, with details of how much the items were sold for? For example, can details of all buildings, cars and jewellery seized be provided?"

 

In criminal confiscation cases the Crown does not seize and sell assets.

Non-cash property recovered under the civil recovery provisions of the 2002 Act is vested in the Trustee for Civil Recovery (the Trustee) either by the Court of Session or by means of extra-judicial settlement.

Where proceedings are to be brought on behalf of the Scottish Ministers for the recovery of non-cash assets, the assets may be secured pending recovery by one of two types of court order. The first is an interim administration order (IAO). The second is a prohibitory property order (PPO). Both of these orders are granted by the Court of Session following applications by the CRU.

The CRU has therefore not seized any property in the last 5 years. By way of fuller explanation, during the last 5 years in non-cash cases, individuals or companies have been initially prevented from dealing with specified property (such as heritable property and bank accounts) by virtue of a Prohibitory Property Order (PPO) made by the Court of Session. The CRU has not seized the property at this time. The CRU may have subsequently sought a Recovery Order from the Court vesting the property in the Trustee.  Cases have also been dealt with by way of extra-judicial settlement where property or an agreed monetary amount was vested in the Trustee. The function of the Trustee was to realise the value of the property. Realised funds are then transferred to the Scottish Consolidated Fund.  

Details of the total sums remitted to the Scottish Consolidated Funds by the CRU for both asset recovery and cash forfeiture are also available at:

http://www.copfs.gov.uk/foi/responses-we-have-made-to-foi-requests/506-proceeds-of-crime-act-25-july-2013

  • "Can details of all items that have failed to sell and which are still held by the copfs also be provided?"

As indicated in the response to the previous point in criminal confiscation cases the Crown does not seize and sell assets. The CRU does not currently retain or store any unsold assets.

  • "Can details of where the items are stored, if applicable also be provided?"

As indicated in the response to the previous point in criminal confiscation cases the Crown does not seize and sell assets. The CRU does not currently retain or store any unsold assets.

 

Name of Accused

Date of Order

Offence

Amount of Order

Area

         

McLean, James

16-Apr-09

Customs & Excise Mangement Act 1979 ss170(1)(b) & 170 (2)(a)

£35,000.00

HMRC

Bonnar, Colin

27-Apr-09

Drugs

£19,699.97

Fife

Aiton, Gordon

27-Apr-09

Drugs

£5,490.42

SCDEA Paisley

McWilliams, Helen

28-Apr-09

Fraud

£11,277.93

DWP

Gordon, Walter Rowat

1-May-09

Drugs

£25,000.00

Strathclyde

Milson, Keith

6-May-09

Drugs

£57,458.84

Northern

Walker, Adrian Spain

7-May-09

Drugs

£4,659.45

Lothian & Borders

McIlvogue, John

14-May-09

Trade Marks Act 1994 s92(1)(b), Trade Descriptions Act 1968 s1(1)(b)

£11,000.00

Trading Standards & Strathclyde

Gage, Lawrence Stephen

29-May-09

Drugs

£4,000.00

Strathclyde

Kelbie, William Isaac

1-Jun-09

Drugs

£104,552.38

Grampian

McFarlane, Cameron

1-Jun-09

Drugs

£39,799.93

Central Scotland

Woodall, Helen Philips

2-Jun-09

Drugs

£360.00

Strathclyde

Qotoyi, Nontozamo aka Christine Asiedu-Saforo

3-Jun-09

Embezzlement

£8,916.72

Strathclyde

Cittadini, Anthony

25-Jun-09

Drugs

£48,000.00

Strathclyde

Guthrie, Philip Henry

30-Jun-09

Drugs

£2,000.00

Lothian & Borders

Langley, Robert

30-Jun-09

Copyright Patents and Designs Act 1988, Trademarks Act 1994

£8,750.00

Strathclyde

Carty or Lu, Xin

14-Jul-09

Brothel Keeping

£67,117.71

Strathclyde

Thompson, George Frederick

17-Jul-09

Drugs

£6,750.00

Grampian

Mcilquham, Andrew

20-Jul-09

Drugs

£574.66

SCDEA Paisley

Pollock, James

28-Jul-09

Reset

£52,500.00

Strathclyde

Goodbrand, Bruce

3-Aug-09

Drugs

£38,225.00

Grampian

Fox, Peter

12-Aug-09

Drugs

£4,170.00

Strathclyde

Waterson, Robert

17-Aug-09

Drugs

£23,395.69

Lothian & Borders

McAllister, James

20-Aug-09

Drugs

£622.41

Grampian

Scott, Sheena

28-Aug-09

Embezzlement

£16,989.71

Northern

Halliday, Mark

7-Sep-09

Drugs

£7,642.92

Lothian & Borders

Cameron, Greig

11-Sep-09

Drugs

£1,950.00

SCDEA Paisley

Lind, Jeff

14-Sep-09

Drugs

£638.00

Lothian & Borders

Thomson, Thomas

18-Sep-09

Drugs

£4,000.00

Strathclyde

Thompson, David Theophilus

21-Sep-09

Drugs

£32,667.14

Grampian

Munro, David

23-Sep-09

Drugs

£18,601.48

Fife

McCann, William Elliot

28-Sep-09

Drugs

£10,931.84

Northern

Porteous, Kenneth Barr

15-Oct-09

Fraud

£2,500.00

MOD

Hamilton, Mark

20-Oct-09

Fraud

£2,939.00

DWP

Arnold, John Nigel

26-Oct-09

Drugs

£2,500.00

D & G

Birrel, Donald

29-Oct-09

Drugs

£61,441.00

SCDEA Aberdeen

Wallis, David

5-Nov-09

Drugs

£103,437.68

Strathclyde

Javaid, Mohammed

06-Nov-09

Counterfitting

£5,000.00

D & G

McDonald, William

9-Nov-09

Money Laundering / Drugs

£36,805.00

SCDEA Paisley

Feeney, Thomasina Marie

10-Nov-09

Drugs

£245.00

Lothian & Borders

Smith, Kevin

11-Nov-09

Fraud

£27,175.77

DWP

McDonald, Iain

16-Nov-09

Drugs

£145,042.06

SCDEA Aberdeen

Lowrie, James

19-Nov-09

Money Laundering

£50,000.00

SCDEA Paisley

Fox, Paul

23-Nov-09

Drugs

£9,269.93

SCDEA Aberdeen

Little, Gary

23-Nov-09

Theft

£60,000.00

Strathclyde

Madden, Stephen

20-Jul-09

Drugs

£2,990.00

SCDEA Aberdeen

Duffy, Gerald

20-Jul-09

Fraud

£21,387.53

SCDEA Paisley

Begg, Fiona

26-Nov-09

Counterfeiting

£104,989.68

Grampian

Norden, Michael

26-Nov-09

Drugs

£97,780.66

SCDEA Paisley

Gallagher, Charles

1-Dec-09

Drugs

£18,500.00

Strathclyde

Lanipekun, Omotoyosi

3-Dec-09

Fraud

£52,194.65

DWP

McGovern, Sean

7-Dec-09

Drugs

£20,703.13

Lothian & Borders

Affleck, Scott

9-Dec-09

Drugs

£7,367.03

Fife

McNeil, Rosalind

22-Dec-09

Fraud

£11,868.58

DWP

Fisher, Henry

11-Jan-10

Drugs

£18,600.92

Fife

Li, Steven

26-Jan-10

Drugs

£49,425.00

Strathclyde

Smith, Justin David

2-Feb-10

Drugs

£36,000.00

Lothian & Borders

Stewart, Gavin

2-Feb-10

Drugs

£12,400.00

Strathclyde

Glover, Martin

3-Feb-10

Drugs

£122,879.38

Strathclyde

Sharp, Lee William

9-Feb-10

Drugs

£9,500.00

Lothian & Borders

Hurry, Paul

22-Feb-10

Drugs

£1,485.00

DWP

Hamilton, Alexander

4-Mar-10

Fraud

£4,729.28

DWP

Cleghorn, Andrew

10-Mar-10

Drugs

£22,000.00

Lothian & Borders

Colville, John Lamont

11-Mar-10

Drugs

£52,363.64

Strathclyde

Qureshi, Sohaib Ahmed

16-Mar-10

Fraud

£383,709.77

SCDEA Paisley

Clark, Joseph

18-Mar-10

Drugs

£1,100.00

Strathclyde

Wilson, David

24-Mar-10

Drugs

£17,500.00

Grampian

Cowan, John

29-Mar-10

Drugs

£12,099.00

Fife

Cowan, Liam

29-Mar-10

Drugs

£12,099.00

Fife

Kerr, Diane

4-Nov-09

Fraud

£7,184.23

DWP