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 account (except Property 14) were obtained through unlawful conduct, namely drug dealing, money laundering, mortgage fraud, and tax evasion. The defendants failed to provide any credible, legitimate explanation for the source of funds. The section 266 defence does not apply as the properties were not acquired or held in good faith. Human rights arguments do not preclude recovery. Therefore, a recovery order is mandated for the identified properties and account.

Citation
[2017] EWHC 27
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 Proceedings 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; claim dismissed in respect of one bank account.
Legal Topics
Unlawful Conduct, Money Laundering, Mortgage Fraud, Tax Evasion, Burden of Proof, Good Faith Defence, Human Rights (article 8, Protocol 1)
Civil Recovery Proceeds of Crime Asset Forfeiture Unlawful Conduct Money Laundering Mortgage Fraud Tax Evasion Burden of Proof +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 Proceedings 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 steps taken without notice of recoverability (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 account (except Property 14) were obtained through unlawful conduct, namely drug dealing, money laundering, mortgage fraud, and tax evasion. The defendants failed to provide any credible, legitimate explanation for the source of funds. The section 266 defence does not apply as the properties were not acquired or held in good faith. Human rights arguments do not preclude recovery. Therefore, a recovery order is mandated for the identified properties and account.

Court Disposition

Recovery order granted in favour of the National Crime Agency for specified properties and bank account; claim dismissed in respect of one 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)