National Crime Agency v Khan & Ors [2017] EWHC 27 (QB) (20 January 2017)

National Crime Agency v Khan & Ors [2017] EWHC 27 (QB) (20 January 2017)

On the balance of probabilities, the properties and bank accounts (except Property 14) were obtained through unlawful conduct, namely drug dealing, money laundering, mortgage fraud, and tax evasion. The defendants failed to provide credible, legitimate explanations for the source of funds. The section 266 defence did not apply as the properties were not acquired in good faith, and no Convention rights were infringed by making the recovery order.

Citation
[2017] EWHC 27 (QB)
Parties
Claimant: National Crime Agency; First Defendant: Aurang Zeb Khan (also known as Aurange Zeb Khan); Second Defendant: Shakar Begum (also known as Shakar Khan); Third Defendant: Nazrah Begum; Fourth Defendant: Jamila Shabnam; Fifth Defendant: Gulshan Ara; Sixth Defendant: Ameran Zeb Khan (also known as Amir, Ameram and Amerah Zeb Khan); Seventh Defendant: Khaibar Rahman (also known as Khaibar Rehman and Khalbar Rahman); Eighth Defendant: Unjuman Ara Khan (also known as Unjo Manara Khan, Unjuman Khan, Unjumanara Khan, Anju Manar Khan and Unjuman Ara Begum); Ninth Defendant: Umar Rehman; Tenth Defendant: Waqaas Razaq; Eleventh Defendant: Feraz Mohammed Ashraf; Twelfth Defendant: Issa Khan
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Civil Recovery Under Proceeds of Crime Act 2002 / Final Judgment After Trial
Outcome
Recovery order granted in favour of the National Crime Agency for specified properties and bank account.
Legal Topics
Civil Recovery Order, Money Laundering, Mortgage Fraud, Tax Evasion, Unlawful Conduct, Property Tracing, Human Rights (article 8, Protocol 1)
Civil Law Criminal Law Proceeds of Crime Civil Recovery Order Money Laundering Mortgage Fraud Tax Evasion Unlawful Conduct +2 more

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Parties

National Crime Agency

Claimant

Aurang Zeb Khan (also known as Aurange Zeb Khan)

First Defendant

Shakar Begum (also known as Shakar Khan)

Second Defendant

Nazrah Begum

Third Defendant

Jamila Shabnam

Fourth Defendant

Gulshan Ara

Fifth Defendant

Ameran Zeb Khan (also known as Amir, Ameram and Amerah Zeb Khan)

Sixth Defendant

Khaibar Rahman (also known as Khaibar Rehman and Khalbar Rahman)

Seventh Defendant

Unjuman Ara Khan (also known as Unjo Manara Khan, Unjuman Khan, Unjumanara Khan, Anju Manar Khan and Unjuman Ara Begum)

Eighth Defendant

Umar Rehman

Ninth Defendant

Waqaas Razaq

Tenth Defendant

Feraz Mohammed Ashraf

Eleventh Defendant

Issa Khan

Twelfth Defendant

Procedural Posture

Civil Recovery Under Proceeds of Crime Act 2002 / Final Judgment After Trial

Legal Issues

  1. 1 Whether each property was obtained through unlawful conduct and is recoverable under POCA
  2. 2 Whether any property was obtained in good faith and should be exempt under section 266 defence
  3. 3 Whether a recovery order would be incompatible with Convention rights

Ratio Decidendi

On the balance of probabilities, the properties and bank accounts (except Property 14) were obtained through unlawful conduct, namely drug dealing, money laundering, mortgage fraud, and tax evasion. The defendants failed to provide credible, legitimate explanations for the source of funds. The section 266 defence did not apply as the properties were not acquired in good faith, and no Convention rights were infringed by making the recovery order.

Court Disposition

Recovery order granted in favour of the National Crime Agency for specified properties and bank account.

Orders

  • Recovery order in respect of 11 Marlo Heights, Bangor, County Down BT19 6NQ (Property 1)
  • Recovery order in respect of 30/30a Albert Street, Bangor, County Down BT20 5EF (Property 2)