Fulton v R.

Fulton v R.

The appellant, though not a legal owner or signatory, exercised operational control over money transfers in furtherance of money laundering conspiracy, and thus obtained property within the meaning of POCA. His benefit is the value of funds he controlled, not limited to commission or tax evaded. The confiscation...

Source-derived case information.

Parties
Appellant: Gary Peter Fulton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Money Laundering, Confiscation Orders, Benefit Assessment, Proportionality
Criminal Law Proceeds of Crime Money Laundering Confiscation Orders Benefit Assessment Proportionality

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Parties

Gary Peter Fulton

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the appellant benefitted from criminal conduct for purposes of confiscation under POCA
  2. 2 Appropriate measure of benefit for an employee involved in money laundering conspiracy
  3. 3 Proportionality of confiscation order

Ratio Decidendi

The appellant, though not a legal owner or signatory, exercised operational control over money transfers in furtherance of money laundering conspiracy, and thus obtained property within the meaning of POCA. His benefit is the value of funds he controlled, not limited to commission or tax evaded. The confiscation order was proportionate given his role and available assets.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order in the sum of £104,228 upheld
  • Provision to enforce order only to extent not satisfied from co-defendants accepted