Assets Recovery Agency v Jackson & Ors

Assets Recovery Agency v Jackson & Ors

The court found on the balance of probabilities that all assets acquired by the Respondent during the material period were obtained through unlawful conduct, namely drug dealing, money laundering, and mortgage fraud, or are representative of such property. The Respondent's explanations for the source of assets were wholly lacking in credibility, unsupported by evidence, and rejected. The high frequency of heroin contamination on seized cash, the Respondent's criminal history, and the absence of legitimate income or business records led to the conclusion that the assets are recoverable property under the Proceeds of Crime Act 2002. The mortgage for one property was obtained by fraud. The...

Parties
Claimant: Director of the Assets Recovery Agency; 1st Respondent: Fabian Fernando Al Kurt Jackson; 2nd Respondent: Cheryl Davina Smith
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Civil Recovery Proceedings / Final Judgment
Outcome
Recovery order granted (subject to exceptions)
Legal Topics
Asset Forfeiture, Money Laundering, Drug Trafficking, Mortgage Fraud, Unexplained Wealth, Human Rights
Proceeds of Crime Civil Law Criminal Law Asset Forfeiture Money Laundering Drug Trafficking Mortgage Fraud Unexplained Wealth +1 more

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Parties

Director of the Assets Recovery Agency

Claimant

Fabian Fernando Al Kurt Jackson

1st Respondent

Cheryl Davina Smith

2nd Respondent

Procedural Posture

Civil Recovery Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the property identified is recoverable property under the Proceeds of Crime Act 2002 as obtained through unlawful conduct
  2. 2 Whether the Respondent acquired assets through drug dealing, money laundering, or mortgage fraud
  3. 3 Whether the Respondent's explanations for the source of assets are credible

Ratio Decidendi

The court found on the balance of probabilities that all assets acquired by the Respondent during the material period were obtained through unlawful conduct, namely drug dealing, money laundering, and mortgage fraud, or are representative of such property. The Respondent's explanations for the source of assets were wholly lacking in credibility, unsupported by evidence, and rejected. The high frequency of heroin contamination on seized cash, the Respondent's criminal history, and the absence of legitimate income or business records led to the conclusion that the assets are recoverable property under the Proceeds of Crime Act 2002. The mortgage for one property was obtained by fraud. The...

Court Disposition

Recovery order granted (subject to exceptions)

Orders

  • All property identified in the claim, including four real properties, cash, jewellery, watches, motor vehicles, and bank accounts, is recoverable and to be vested in the trustee for civil recovery under section 266 of the Proceeds of Crime Act 2002, except for (1) the mortgage provider's interest in Higham Hill Road...