The Serious Organised Crime Agency v Robb

The Serious Organised Crime Agency v Robb

On the balance of probabilities, the defendant acted dishonestly and fraudulently from February 2005, conspiring to defraud investors by extracting and transferring their funds out of jurisdiction. The funds in the account are recoverable property under the Proceeds of Crime Act 2002, as they represent proceeds of unlawful conduct.

Parties
Claimant: The Serious Organised Crime Agency; Defendant: 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 / Judgment
Outcome
Declaration that the sum currently 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.
Legal Topics
Proceeds of Crime, Fraud, Money Laundering, Civil Recovery, Dual Criminality, Conspiracy to Defraud
Criminal Law Civil Procedure Proceeds of Crime Fraud Money Laundering Civil Recovery Dual Criminality Conspiracy to Defraud

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Parties

The Serious Organised Crime Agency

Claimant

Gary John Robb

Defendant

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 / Judgment

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's conduct constituted unlawful conduct under UK and TRNC law
  3. 3 Whether dual criminality is established

Ratio Decidendi

On the balance of probabilities, the defendant acted dishonestly and fraudulently from February 2005, conspiring to defraud investors by extracting and transferring their funds out of jurisdiction. The funds in the account are recoverable property under the Proceeds of Crime Act 2002, as they represent proceeds of unlawful conduct.

Court Disposition

Declaration that the sum currently 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.

Orders

  • Declaration of recoverable property as above
  • Court to hear counsel on the form of the order appropriate in this case