National Crime Agency & Anor v Odewale & Anor [2020] EWHC 1609 (Admin) (22 June 2020)

National Crime Agency & Anor v Odewale & Anor [2020] EWHC 1609 (Admin) (22 June 2020)

The court found, on the balance of probabilities, that the Disputed Assets were obtained through unlawful conduct (identity theft frauds and money laundering) by Mr Odewale and/or Ms Yadav. The explanations for legitimate sources of funds were not credible or substantiated. Ms Yadav did not receive property in good faith, for value, and without notice, given her knowledge of Mr Odewale's convictions and circumstances. NatWest established proprietary claims as victim of fraud for certain assets. Recovery order granted in favour of NCA; declaration under s.281 POCA granted in favour of NatWest for assets traceable to its loss.

Citation
[2020] EWHC 1609 (Admin)
Parties
First Claimant: National Crime Agency; Second Claimant: National Westminster Bank Plc; First Defendant: Mr Ayodele Odewale; Second Defendant: Ms Sara Yadav
Jurisdiction
England and Wales
Judgment Date
22 June 2020
Procedural Posture
Civil Recovery Order Under POCA / Final Judgment After Trial
Outcome
Recovery order granted for NCA; declaration under s.281 POCA granted for NatWest; assets vested in trustee for civil recovery.
Legal Topics
Recoverable Property, Tracing, Third Party Defence, Victims of Theft, Balance of Probabilities, Bona Fide Purchase, Notice and Good Faith
Proceeds of Crime Civil Recovery Fraud Money Laundering Recoverable Property Tracing Third Party Defence Victims of Theft +3 more

Case Brief

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Parties

National Crime Agency

First Claimant

National Westminster Bank Plc

Second Claimant

Mr Ayodele Odewale

First Defendant

Ms Sara Yadav

Second Defendant

Procedural Posture

Civil Recovery Order Under POCA / Final Judgment After Trial

Legal Issues

  1. 1 Whether each item of the Disputed Assets is recoverable property under POCA
  2. 2 Whether property held by Ms Yadav ceased to be recoverable under s.308 POCA
  3. 3 Whether NatWest has proprietary claims over certain assets and is entitled to relief

Ratio Decidendi

The court found, on the balance of probabilities, that the Disputed Assets were obtained through unlawful conduct (identity theft frauds and money laundering) by Mr Odewale and/or Ms Yadav. The explanations for legitimate sources of funds were not credible or substantiated. Ms Yadav did not receive property in good faith, for value, and without notice, given her knowledge of Mr Odewale's convictions and circumstances. NatWest established proprietary claims as victim of fraud for certain assets. Recovery order granted in favour of NCA; declaration under s.281 POCA granted in favour of NatWest for assets traceable to its loss.

Court Disposition

Recovery order granted for NCA; declaration under s.281 POCA granted for NatWest; assets vested in trustee for civil recovery.

Orders

  • Disputed Assets (listed watches, bank accounts, licence plate) vested in trustee for civil recovery under s.266 POCA.
  • Declaration under s.281 POCA: assets traceable to NatWest's loss not recoverable property; NatWest entitled to proprietary relief.