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Civil recovery success against William McPhee Junior

A forfeiture order has been made against William McPhee Junior for £52,702.37.

The forfeiture order was granted under the Account Forfeiture provisions of the Proceeds of Crime Act 2002 at Hamilton Sheriff Court on 27 June 2022.

Proceedings were raised by the Civil Recovery Unit (CRU), acting on behalf of the Scottish Ministers.

The CRU worked closely with Police Scotland to investigate the case. William McPhee Junior, of Larkhall, has links to those involved in serious organised criminal activities, including human trafficking, crimes of dishonesty (including so called “bogus workman” fraud) and crimes of violence.

The CRU raised a civil action in respect of the balance of funds held in McPhee’s account on the basis that it had been derived from unlawful conduct and was recoverable property.

The action was initially defended by Mr McPhee. He later entered into a settlement agreement with CRU.

The money forfeited from McPhee Junior represented most of the money held in his bank account. 

The money has now been transferred to the Scottish Consolidated Fund.

Speaking after the decision, Anne-louise House, Head of the Civil Recovery Unit said:

“The account forfeiture provisions under the Proceeds of Crime Act 2002 are an invaluable tool to law enforcement. 

“The forfeiture of £52,702.37 held in William McPhee Junior’s bank account is a good example of successful joint working between the CRU and Police Scotland.

“The money will now be put to good use in communities across Scotland, through the Scottish Government's CashBack for Communities Programme.”

Detective Chief Inspector Stevie Trim, of Police Scotland’s Economic Crime and Financial Investigation Unit, said:

“Police Scotland welcomes the imposition of the forfeiture order on William McPhee junior. Working in partnership to tackle organised criminality is a priority for our officers and we will use every tool, including the provisions of the Proceeds of Crime Act, to thwart the activities of those involved.

“This was a challenging and complex investigation and underlines the value of working closely with our colleagues in the Crown Office and Procurator Fiscal Service to contribute to achieving the aim and vision of Scotland’s Serious Organised Crime Strategy.”