National Crime Agency v Khan & Ors

National Crime Agency v Khan & Ors

The court found, on the balance of probabilities, that 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 human rights defence was established. Therefore, the properties are recoverable under POCA.

Parties
Claimant: National Crime Agency; First Defendant: Aurang Zeb Khan; Second Defendant: Shakar Begum; Third Defendant: Nazrah Begum; Fourth Defendant: Jamila Shabnam; Fifth Defendant: Gulshan Ara; Sixth Defendant: Ameran Zeb Khan; Seventh Defendant: Khaibar Rahman; Eighth Defendant: Unjuman Ara Khan; 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 / Judgment After Trial
Outcome
Recovery order granted in favour of the National Crime Agency for specified properties and bank account.
Legal Topics
Money Laundering, Mortgage Fraud, Tax Evasion, Drug Trafficking, Property Recovery, Human Rights
Proceeds of Crime Civil Recovery Criminal Law Money Laundering Mortgage Fraud Tax Evasion Drug Trafficking Property Recovery +1 more

Case Brief

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Parties

National Crime Agency

Claimant

Aurang Zeb Khan

First Defendant

Shakar Begum

Second Defendant

Nazrah Begum

Third Defendant

Jamila Shabnam

Fourth Defendant

Gulshan Ara

Fifth Defendant

Ameran Zeb Khan

Sixth Defendant

Khaibar Rahman

Seventh Defendant

Unjuman Ara Khan

Eighth Defendant

Umar Rehman

Ninth Defendant

Waqaas Razaq

Tenth Defendant

Feraz Mohammed Ashraf

Eleventh Defendant

Issa Khan

Twelfth Defendant

Procedural Posture

Civil Recovery / Judgment After Trial

Legal Issues

  1. 1 Whether the properties and bank accounts were obtained through unlawful conduct and are recoverable under POCA
  2. 2 Whether any property was obtained in good faith such that a recovery order would be unjust or inequitable (section 266 defence)
  3. 3 Whether a recovery order would be incompatible with Convention rights

Ratio Decidendi

The court found, on the balance of probabilities, that 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 human rights defence was established. Therefore, the properties are recoverable under POCA.

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)