The Assets Recovery Agency v Virtosu & Anor

The Assets Recovery Agency v Virtosu & Anor

The French conviction of Mr Virtosu is admissible and sufficient evidence of unlawful conduct under s.241 of the Proceeds of Crime Act 2002, satisfying the dual criminality test. The Director has proved on the balance of probabilities that the assets in question are proceeds of unlawful conduct, namely people...

Source-derived case information.

Parties
Claimant: The Assets Recovery Agency; Defendant: Gheorghe Virtosu; Defendant: Victoria Virtosu
Jurisdiction
England and Wales
Judgment Date
05 February 2008
Procedural Posture
Civil Recovery Order (civil Forfeiture) / Judgment
Outcome
Claim allowed; recovery order granted
Legal Topics
Civil Recovery of Proceeds of Crime, Dual Criminality, Admissibility of Foreign Convictions, Mortgage Fraud, Money Laundering, People Trafficking
Proceeds of Crime Civil Procedure Criminal Law Civil Recovery of Proceeds of Crime Dual Criminality Admissibility of Foreign Convictions Mortgage Fraud Money Laundering +1 more

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Parties

The Assets Recovery Agency

Claimant

Gheorghe Virtosu

Defendant

Victoria Virtosu

Defendant

Procedural Posture

Civil Recovery Order (civil Forfeiture) / Judgment

Legal Issues

  1. 1 Whether property held by the defendants is recoverable as proceeds of unlawful conduct under Part V of the Proceeds of Crime Act 2002
  2. 2 Whether the French conviction of Mr Virtosu is admissible and sufficient evidence of unlawful conduct for the purposes of civil recovery
  3. 3 Whether the dual criminality test under s.241 of the 2002 Act is satisfied

Ratio Decidendi

The French conviction of Mr Virtosu is admissible and sufficient evidence of unlawful conduct under s.241 of the Proceeds of Crime Act 2002, satisfying the dual criminality test. The Director has proved on the balance of probabilities that the assets in question are proceeds of unlawful conduct, namely people trafficking, mortgage fraud, and money laundering. The explanations advanced by Mr Virtosu for the source of funds are wholly incredible and rejected. All property and proceeds identified are recoverable.

Court Disposition

Claim allowed; recovery order granted

Orders

  • All identified assets and proceeds (including properties, vehicles, and bank balances) are recoverable property and must be vested in the trustee for civil recovery.
  • Costs to be determined as appropriate.