Assets Recovery Agency v Olupitan & Anor [2007] EWHC 162 (QB) (08 February 2007)

Assets Recovery Agency v Olupitan & Anor [2007] EWHC 162 (QB) (08 February 2007)

The court found on the balance of probabilities that Mr Olupitan obtained 157 Wellington Drive, 23 Hazelmere Road, and the funds in the two Abbey National bank accounts through unlawful conduct, specifically mortgage fraud, conspiracy to defraud, and money laundering. The explanations for the sources of funds were rejected as untruthful. Ms Makinde was not found to have acted in good faith regarding 23 Hazelmere Road. The Director was entitled to a recovery order over these assets. The court was not satisfied that 30 Wellstead Road was obtained through unlawful conduct and made no order in respect of it.

Citation
[2007] EWHC 162 (QB)
Parties
Claimant: THE DIRECTOR OF THE ASSETS RECOVERY AGENCY; First Respondent: Ayodele Olusegun Olupitan; Second Respondent: Omatayo Abidemi Makinde
Jurisdiction
England and Wales
Judgment Date
08 February 2007
Procedural Posture
Civil Recovery Proceedings / Final Judgment After Contested Hearing
Outcome
Recovery order granted in respect of 157 Wellington Drive, 23 Hazelmere Road, and two Abbey National bank accounts; no order in respect of 30 Wellstead Road.
Legal Topics
Civil Recovery of Proceeds of Crime, Mortgage Fraud, Money Laundering, Conspiracy to Defraud, Good Faith Acquisition, Human Rights (article 8 Echr)
Civil Law Proceeds of Crime Property Law Civil Recovery of Proceeds of Crime Mortgage Fraud Money Laundering Conspiracy to Defraud Good Faith Acquisition +1 more

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Parties

THE DIRECTOR OF THE ASSETS RECOVERY AGENCY

Claimant

Ayodele Olusegun Olupitan

First Respondent

Omatayo Abidemi Makinde

Second Respondent

Procedural Posture

Civil Recovery Proceedings / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the properties and bank accounts held by the respondents are recoverable property under Part 5 of the Proceeds of Crime Act 2002
  2. 2 Whether the properties were obtained through unlawful conduct, specifically mortgage fraud, conspiracy to defraud, and money laundering
  3. 3 Whether the respondents or either of them acted in good faith or are protected by statutory exceptions

Ratio Decidendi

The court found on the balance of probabilities that Mr Olupitan obtained 157 Wellington Drive, 23 Hazelmere Road, and the funds in the two Abbey National bank accounts through unlawful conduct, specifically mortgage fraud, conspiracy to defraud, and money laundering. The explanations for the sources of funds were rejected as untruthful. Ms Makinde was not found to have acted in good faith regarding 23 Hazelmere Road. The Director was entitled to a recovery order over these assets. The court was not satisfied that 30 Wellstead Road was obtained through unlawful conduct and made no order in respect of it.

Court Disposition

Recovery order granted in respect of 157 Wellington Drive, 23 Hazelmere Road, and two Abbey National bank accounts; no order in respect of 30 Wellstead Road.

Orders

  • Recovery order over 157 Wellington Drive in favour of the enforcement authority
  • Recovery order over 23 Hazelmere Road, subject to repayment of outstanding mortgage to Bristol & West, with balance recoverable