The Assets Recovery Agency v Virtosu & Anor [2008] EWHC 149 (QB) (05 February 2008)

The Assets Recovery Agency v Virtosu & Anor [2008] EWHC 149 (QB) (05 February 2008)

The French conviction of Mr Virtosu for people trafficking, forgery, and living on the proceeds of prostitution is admissible evidence of unlawful conduct under French law. The conduct proven satisfies the dual criminality test, as it would be criminal under English law. The Director has proven on the balance of probabilities that the assets in question are recoverable property obtained through unlawful conduct. Mr Virtosu's bare denial is unconvincing and unsupported by evidence.

Citation
[2008] EWHC 149
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 / Final Judgment
Outcome
Claim allowed; Civil Recovery Order granted.
Legal Topics
Proceeds of Crime, Dual Criminality, People Trafficking, Money Laundering, Mortgage Fraud, Admissibility of Foreign Convictions
Civil Asset Forfeiture Criminal Law International Law Proceeds of Crime Dual Criminality People Trafficking Money Laundering Mortgage Fraud +1 more

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Parties

The Assets Recovery Agency

Claimant

Gheorghe Virtosu

Defendant

Victoria Virtosu

Defendant

Procedural Posture

Civil Recovery Order / Final Judgment

Legal Issues

  1. 1 Whether assets held by Mr and Mrs Virtosu are recoverable property under Part V of the Proceeds of Crime Act 2002
  2. 2 Whether conduct proven in France satisfies dual criminality under English law
  3. 3 Admissibility and evidential weight of foreign convictions in English civil proceedings

Ratio Decidendi

The French conviction of Mr Virtosu for people trafficking, forgery, and living on the proceeds of prostitution is admissible evidence of unlawful conduct under French law. The conduct proven satisfies the dual criminality test, as it would be criminal under English law. The Director has proven on the balance of probabilities that the assets in question are recoverable property obtained through unlawful conduct. Mr Virtosu's bare denial is unconvincing and unsupported by evidence.

Court Disposition

Claim allowed; Civil Recovery Order granted.

Orders

  • Assets listed in the claim form and court order are vested in the trustee for civil recovery under s.266 of the Proceeds of Crime Act 2002.
  • Respondents deprived of all assets in England except the flat in South Africa.