Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) (03 January 2025)

Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) (03 January 2025)

The Defendant has no real prospect of successfully defending the claim for recovery of the Bitcoin under POCA. The evidence establishes, on balance of probabilities, that the property was obtained through unlawful conduct (drug trafficking, money laundering) and is recoverable. The Defendant's explanations and business records are insufficient, inconsistent, and do not rebut the Claimant's case. Summary judgment is appropriate.

Citation
[2025] EWHC 10 (KB)
Parties
Claimant: Director of Public Prosecutions; Defendant: Alexander Surin
Jurisdiction
England and Wales
Judgment Date
03 January 2025
Procedural Posture
Civil Recovery Order (poca Part 8) / Summary Judgment Application
Outcome
Summary judgment granted in favour of the Claimant. Recovery order made.
Legal Topics
Proceeds of Crime Act 2002, Civil Recovery, Cryptocurrency, Summary Judgment, Money Laundering, Drug Trafficking
Criminal Law Civil Procedure Asset Recovery Proceeds of Crime Act 2002 Civil Recovery Cryptocurrency Summary Judgment Money Laundering +1 more

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Parties

Director of Public Prosecutions

Claimant

Alexander Surin

Defendant

Procedural Posture

Civil Recovery Order (poca Part 8) / Summary Judgment Application

Legal Issues

  1. 1 Whether the property (78.22545 Bitcoin) held by the Defendant is recoverable property under POCA as proceeds of unlawful conduct
  2. 2 Whether summary judgment should be granted to the Claimant under CPR 24.2
  3. 3 Whether the Defendant has a real prospect of defending the claim

Ratio Decidendi

The Defendant has no real prospect of successfully defending the claim for recovery of the Bitcoin under POCA. The evidence establishes, on balance of probabilities, that the property was obtained through unlawful conduct (drug trafficking, money laundering) and is recoverable. The Defendant's explanations and business records are insufficient, inconsistent, and do not rebut the Claimant's case. Summary judgment is appropriate.

Court Disposition

Summary judgment granted in favour of the Claimant. Recovery order made.

Orders

  • Recovery order under section 266 POCA vesting 78.22545 Bitcoin in the trustee for civil recovery.
  • Defendant's application to strike out the claim dismissed.