The Serious Organised Crime Agency v Robb [2012] EWHC 803 (QB) (30 March 2012)

The Serious Organised Crime Agency v Robb [2012] EWHC 803 (QB) (30 March 2012)

From February 2005, the defendant acted dishonestly and fraudulently in extracting investor funds from the property developments in the TRNC, conspiring to defraud investors and launder proceeds through various accounts. The funds in the frozen account represent property obtained through unlawful conduct and are recoverable under the Proceeds of Crime Act 2002. Dual criminality is satisfied. The appropriate declaration is that the sum in the specified account is recoverable property.

Citation
[2012] EWHC 803 (QB)
Parties
Claimant/appellant: The Serious Organised Crime Agency; Defendant/respondent: Gary John Robb; Third Party: Patricia Anne Clarke; Third Party: Susan Elaine Latchford; Third Party: Roger Llewellyn-Williams; Third Party: Howard and Barbara Hind; Third Party: Sandra and Grzegorz Kocinski; Third Party: Bruce Neil-Gourlay; Third Party: Brian Donaldson
Jurisdiction
England and Wales
Judgment Date
30 March 2012
Procedural Posture
Civil Recovery Order (part 8 Claim) / Judgment After Expedited Trial
Outcome
Declaration granted in favour of SOCA; funds declared recoverable property.
Legal Topics
Fraud, Money Laundering, Conspiracy to Defraud, Civil Recovery Order, Proceeds of Crime, Dual Criminality, Property Tracing
Criminal Law Civil Recovery Proceeds of Crime Fraud Money Laundering Conspiracy to Defraud Civil Recovery Order Dual Criminality +1 more

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Parties

The Serious Organised Crime Agency

Claimant/appellant

Gary John Robb

Defendant/respondent

Patricia Anne Clarke

Third Party

Susan Elaine Latchford

Third Party

Roger Llewellyn-Williams

Third Party

Howard and Barbara Hind

Third Party

Sandra and Grzegorz Kocinski

Third Party

Bruce Neil-Gourlay

Third Party

Brian Donaldson

Third Party

Procedural Posture

Civil Recovery Order (part 8 Claim) / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether the funds in the account are recoverable property under the Proceeds of Crime Act 2002
  2. 2 Whether the defendant obtained property through unlawful conduct (fraud, money laundering, conspiracy to defraud)
  3. 3 Whether dual criminality is established for conduct outside the UK

Ratio Decidendi

From February 2005, the defendant acted dishonestly and fraudulently in extracting investor funds from the property developments in the TRNC, conspiring to defraud investors and launder proceeds through various accounts. The funds in the frozen account represent property obtained through unlawful conduct and are recoverable under the Proceeds of Crime Act 2002. Dual criminality is satisfied. The appropriate declaration is that the sum in the specified account is recoverable property.

Court Disposition

Declaration granted in favour of SOCA; funds declared recoverable property.

Orders

  • Declaration that the sum standing to the credit of NWB account 3924426 reference SOCA v Gary Robb is recoverable property within the meaning of Section 304 of the Proceeds of Crime Act 2002.