Serious Organised Crime Agency v Pelekanos

Serious Organised Crime Agency v Pelekanos

SOCA proved mortgage fraud in respect of multiple properties by demonstrating that Mr Pelekanos made or procured deliberately false statements of income in mortgage applications, materially influencing the granting of mortgages. Drug trafficking and money laundering allegations were not proven. Civil recovery orders are granted for properties obtained through mortgage fraud.

Parties
Claimant: Serious Organised Crime Agency; Defendant: Athos Thanos Pelekanos; Third Party: Michelle Feander; Third Party: Tracey Lawrence; Third Party: Paul Robbins
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Civil Recovery Order / Judgment After Trial and Summary Judgment Applications
Outcome
Civil recovery orders granted for properties obtained through mortgage fraud; drug trafficking and money laundering claims dismissed.
Legal Topics
Proceeds of Crime, Mortgage Fraud, Money Laundering, Drug Trafficking, Civil Recovery, Unlawful Conduct, Recoverable Property
Criminal Law Civil Procedure Property Law Proceeds of Crime Mortgage Fraud Money Laundering Drug Trafficking Civil Recovery +2 more

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Parties

Serious Organised Crime Agency

Claimant

Athos Thanos Pelekanos

Defendant

Michelle Feander

Third Party

Tracey Lawrence

Third Party

Paul Robbins

Third Party

Procedural Posture

Civil Recovery Order / Judgment After Trial and Summary Judgment Applications

Legal Issues

  1. 1 Whether the properties were obtained through unlawful conduct under Part 5 of the Proceeds of Crime Act 2002
  2. 2 Whether mortgage fraud, money laundering, or drug trafficking occurred
  3. 3 Whether the properties are recoverable property under POCA

Ratio Decidendi

SOCA proved mortgage fraud in respect of multiple properties by demonstrating that Mr Pelekanos made or procured deliberately false statements of income in mortgage applications, materially influencing the granting of mortgages. Drug trafficking and money laundering allegations were not proven. Civil recovery orders are granted for properties obtained through mortgage fraud.

Court Disposition

Civil recovery orders granted for properties obtained through mortgage fraud; drug trafficking and money laundering claims dismissed.

Orders

  • Recovery order for 5 Guards View, Windsor
  • Recovery order for 20b Lower Road, Chorleywood