Confiscation Order Made

In December 2003, Croydon Crown Court made a confiscation order against a man in the sum of £123,474 to be paid by September 2004 with a further £15,299 of realisable assets deemed to be an obligation having priority. The extent of the defendant’s realisable assets was determined to be £138,773

The defendant was made the subject of a High Court restraint order preventing him from disposing of assets that included a 13 metre yacht valued at £100,000, berthed at a marina on the South Coast and a new S320 Mercedes valued at £52,000.

By August 2005, the defendant had not satisfied the confiscation order and had nominally transferred title of the vessel to a third party. The third party had previously been seen with the defendant on the vessel and advised that he was re-locating to Spain.

On 23rd August 2005, the London Regional Asset Recovery Team utilised a rarely invoked power of a Constable under section 77(10) of the Criminal Justice Act 1988 (as amended) and seized the vessel fearing that the defendant was about to remove the vessel from the jurisdiction in breach of the restraint order. This action prompted the third party to advise that he "had given the man in question his money back and therefore no longer ‘owned’ the vessel".

On 9th December 2005, the defendant arrived at the Channel Tunnel, Folkestone in his Mercedes having booked a journey to France. The London Regional Asset Recovery Team invoked the same power under section 77(10) of the Criminal Justice Act 1988 (as amended) and seized the vehicle fearing that the defendant was about to remove the vehicle from the jurisdiction in breach of the restraint order.

On 16th December 2005 the man paid £100,000.00 in to the court and on 19th December 2005 he paid the outstanding balance of £9,841.10.