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£17,000 confiscated from Prestonpans man after conviction for selling counterfeit vinyl records on eBay

23 Jan 2015

At Haddington Sheriff Court today, Frank Macari (DOB 24/01/1970), from Prestonpans, was made subject of a confiscation order for £17,000.

The accused was discovered to be selling counterfeit vinyl records over eBay.

On 16 January 2014 at Haddington Sheriff Court, he pled guilty to contraventions of section 107(1)(D)(I / II / III / IV) of the Copyright, Design and Patents Act 1988  and section 92(1)(c) of the Trademarks Act 1994, relating to making or dealing with infringing articles and unauthorised use of trademarks. 

Today he was also sentenced to a fine of £1000.00, reduced from £1500.00

Following a full financial investigation of his finances for the six years prior to his arrest by the Crown Office’s Serious Organised Crime Division, we have secured the confiscation of £17,000 of his assets which he could not legally account for. 

This total represents the full amount of Macari’s assets that are currently available to us. Should we uncover further assets in the future, we can go back to the court and seek to raise the amount of the confiscation order up to the total amount of her criminal profit, which in this case was £189,880.23.

Speaking after the conclusion of the case, Lindsey Miller, Procurator Fiscal for Organised Crime and Counter-Terrorism, said:

“Proceeds of crime legislation is not limited to drug dealers or fraudsters.

“Anyone who seeks to break the law for their own profit can face full financial scrutiny, and the prospect of having all of their available assets confiscated on top of their conviction and sentence.

The money recovered will be passed to the Scottish Government for re-investment in the community through the CashBack for Communities programme.”

Further information:

1. 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.

2. The Serious and Organised Crime Division works together with colleagues at the Civil Recovery Unit, and other law enforcement agencies, including UK Police Forces, HM Revenue and Customs and Department for Work & Pensions (DWP) to identify and recover the proceeds of crime.

3. 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.

4. Since the inception of the Cashback programme in 2007, over £74 million recovered under the Proceeds of Crime Act has been invested or committed to a wide range of sporting, cultural, educational and mentoring activities for children and young people throughout Scotland. The programme has now funded over 1.5 million activities and opportunities for young people across all 32 Local Authorities in Scotland. Further details can be found at http://www.cashbackforcommunities.org/ href="http://www.cashbackforcommunities.org/">http://www.cashbackforcommunities.org/

5. 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 and Solicitor General, representatives from COPFS, the Scottish Government, Police Scotland, HMRC, NCA, SPS and the Scottish Business Resilience Centre. Details of the work of the Taskforce can be accessed here: http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime href="http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime">http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime.

Five football fans sentenced after Dunfermline bar brawl

21 Jan 2015

At Dunfermline Sheriff Court today five men were sentenced for their part in a breach of the peace outside a Dunfermline bar following the Dunfermline Athletic versus Rangers at East End Park on 30 December 2013.

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Ronnie Coulter indicted for the murder of Surjit Singh Chhokar

21 Jan 2015

Ronnie Coulter was today indicted for the murder of Surjit Singh Chhokar in North Lanarkshire in 1998.

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Glasgow man loses over £40,000 after being found with 18 bags of cocaine down his underpants

16 Jan 2015

At Glasgow Sheriff Court today, David Thomson (DOB 09/02/67), from Glasgow, was made subject of a confiscation order for £41,000 and sentenced to a 250 hr Community Payback Order.

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More than £13,000 confiscated from Falkirk man found with almost £10,000 of Diazempam

16 Jan 2015

More than £13,000 confiscated from Falkirk man found with almost £10,000 of Diazempam
At Falkirk Sheriff Court today, David McPake (DOB 18/03/1963), from Falkirk, was made subject of a confiscation order for £13,737.67.

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Glasgow school pupil’s public speaking competition is won by Shawlands Academy

16 Jan 2015
The final of the Glasgow Schools Public Speaking Competition, took place last night at the Scottish Prosecution College in Glasgow with Shawlands Academy being crowned worthy winners.

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Lanark company fined following workers death

13 Jan 2015

Lawrie and Symington Limited, a well known farming auction firm, has been fined £30,000 following the death of a worker in a quad bike accident.

The company pled guilty at Lanark Sheriff Court today to a breach of Regulation 9(1) of The Provision of Work and Use of Work Equipment Regulations 1998 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

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Aberdeen gamekeeper jailed for killing Goshawk

12 Jan 2015

Gamekeeper Mutch was handed a custodial sentence today after being caught trapping and killing a rare wild bird with the use of video cameras.

George Mutch was sentenced to four months imprisonment on each of the four charges, one offence under Section 5(1)(b) and three offences under Section 1(1)(a) of the Wildlife and Countryside Act 1981. The sentences will run concurrently.

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Paul McManus sentenced to life imprisonment for murder and string of violent attacks

08 Jan 2015

Paul McManus (DOB 28/11/1994), from Govan, was today sentenced to life imprisonment following his conviction on 4 December 2014 of the murder of Isabelle Saunders and a string of assaults and robberies.

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Brechin man jailed for 20 years for a catalogue of sex offences and violence spanning over two decades

07 Jan 2015
At the High Court in Glasgow today, Allan Johnstone was sentenced to 20 years imprisonment, plus a 10 year extended sentence, and placed on the Sex Offenders' Register for a catalogue of violent and sexual offences spanning over 20 years.

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