Confiscation Order Nets £180,000 worth of assets
Cleveland Police conducted a successful investigation into the criminal activities of Christopher and Jane Moloney who were convicted in 2005 of conspiring to supply Class A drugs and money laundering. Cleveland Police made a referral to the North East Regional Asset Recovery Team to conduct a confiscation investigation following this conviction. As part of this process, the above BMW valued in excess of £21,000, was identified as representing part of The Maloney’s criminal gains. The Moloneys falsely claimed the BMW had been sold but several months later, it was found in Harrogate at the Care Home where Christopher Maloney’s sister, Patricia Owens and her husband Brian worked.
Mr Moloney was previously sentenced to eight-years and Mrs Moloney to a sentence of five years and three months and were subsequently ordered by the Court to pay £200,000 each representing the available amount for confiscation from the proceeds of their drug trafficking.
Cleveland Police charged all four with money laundering offences concerning the concealment of the BMW. The Owens and Jane Moloney all denied the charges. Jane Moloney also denied lying in a statement to pervert the course of justice but all three were found guilty by the jury. Christopher Moloney admitted both offences.
On 19 June 2007, HH Judge Briggs added 21 months to Christopher Moloney’s sentence, describing him as “a devious and manipulative man who clearly doesn’t baulk at involving other people in your various nefarious activities, whatever the likely cost to them”.
He added 18 months to Jane Moloney’s jail term, telling her: “You are very far from a minority shareholder in the scheme”
He told Brian & Patricia Owens, “I am satisfied that you only became involved as a result of the machinations of Christopher and Jane Moloney”
Brian & Patricia Owens
He gave each of them nine-month prison sentences suspended for two years with a 12 month supervision order.
On 21 April 2009, Middlesbrough Crown Court made confiscation orders against Brian and Patricia Owens of £100,740 and £79,260 respectively, both were given 6 months to pay the orders or face default prison sentences of 2 and 1 year should they not satisfy the confiscation order within the agreed time limits. In the event that the default prison sentences were imposed this would not mean that the debt would go away, far from it, the defendant is still liable to settle in full any outstanding financial penalty imposed by the courts and the balance accrues daily interest until discharged.
DI Mel Ashley who headed the criminal investigation said: “Those who choose to help criminal hide their assets should be warned that they too will face not only conviction at court but also confiscation of their own assets. Cleveland Police will fully utilise the powers open to them under the Proceeds of Crime Act.”
DCI Stephen Waite, Head of The North East Regional Asset Recovery Team stated "The court have recognised the seriousness of this type of offending and made significant confiscation orders against the people concerned to ensure that the criminals and those who assist them in their attempts to defeat the confiscation process are thwarted and penalised.
The North East Regional Asset Recovery Team will ensure that any profit that this group of people made from their criminal enterprises is stripped away from them and will be made available for the benefit of the community"