The National Crime Agency v Atkinson & Anor [2015] EWHC 1299 (QB) (08 May 2015)

The National Crime Agency v Atkinson & Anor [2015] EWHC 1299 (QB) (08 May 2015)

The Property and other assets are recoverable property as they were obtained through unlawful conduct, including drug dealing, money laundering, and mortgage fraud. Mrs Atkinson failed to demonstrate that she obtained her interest in the Property in good faith or that the statutory exception in s.266 POCA applied. The CRO must therefore be made in the form sought by the NCA.

Citation
[2015] EWHC 1299
Parties
Claimant: The National Crime Agency; First Defendant: Philip Atkinson; Second Defendant: Karen Atkinson
Jurisdiction
England and Wales
Judgment Date
08 May 2015
Procedural Posture
Civil Recovery Order Under Proceeds of Crime Act 2002 / Judgment After Contested Hearing
Outcome
Civil Recovery Order granted as sought by the Claimant.
Legal Topics
Proceeds of Crime, Civil Recovery, Money Laundering, Mortgage Fraud, Drug Offences, Statutory Exceptions
Criminal Law Civil Procedure Proceeds of Crime Civil Recovery Money Laundering Mortgage Fraud Drug Offences Statutory Exceptions

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Parties

The National Crime Agency

Claimant

Philip Atkinson

First Defendant

Karen Atkinson

Second Defendant

Procedural Posture

Civil Recovery Order Under Proceeds of Crime Act 2002 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Property and other assets are recoverable property under POCA 2002
  2. 2 Whether Mrs Atkinson can rely on the statutory exception in s.266 POCA to exclude the Property from the Civil Recovery Order

Ratio Decidendi

The Property and other assets are recoverable property as they were obtained through unlawful conduct, including drug dealing, money laundering, and mortgage fraud. Mrs Atkinson failed to demonstrate that she obtained her interest in the Property in good faith or that the statutory exception in s.266 POCA applied. The CRO must therefore be made in the form sought by the NCA.

Court Disposition

Civil Recovery Order granted as sought by the Claimant.

Orders

  • All identified properties, bank accounts, and the Rolex watch are subject to the Civil Recovery Order and vested in the trustee for civil recovery.
  • Provision made for payment of some monies from frozen accounts to Mr Vollenweider for legal fees.