Forte & Anior v R

Forte & Anior v R

The judge was entitled to find, on the evidence and inferences from the parties' silence and forged documents, that Forte had a 50% beneficial interest in Hillside Lodge and 100% in the Walters bank account; the divorce was a sham; the proceedings were fair; no fresh evidence or incompetence of counsel justified appellate intervention; the confiscation order was not excessive or wrong in principle.

Parties
Appellant: Michael Anthony Forte; Appellant: Evelyn Vale; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
04 November 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal From Confiscation Order and S10 a Determination
Outcome
appeals dismissed
Legal Topics
Confiscation Order, Beneficial Interest, Tainted Gifts, Sham Divorce, Burden of Proof, Adverse Inference, Fresh Evidence, Ineffective Assistance of Counsel
Criminal Law Proceeds of Crime Property Law Confiscation Order Beneficial Interest Tainted Gifts Sham Divorce Burden of Proof +3 more

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Parties

Michael Anthony Forte

Appellant

Evelyn Vale

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Confiscation Order and S10 a Determination

Legal Issues

  1. 1 Whether the confiscation order against Michael Forte was correct in law and quantum
  2. 2 Whether Evelyn Vale's beneficial interest in Hillside Lodge was limited to 50% or was sole
  3. 3 Whether the money in Jean Walters' bank account was beneficially owned by Michael Forte

Ratio Decidendi

The judge was entitled to find, on the evidence and inferences from the parties' silence and forged documents, that Forte had a 50% beneficial interest in Hillside Lodge and 100% in the Walters bank account; the divorce was a sham; the proceedings were fair; no fresh evidence or incompetence of counsel justified appellate intervention; the confiscation order was not excessive or wrong in principle.

Court Disposition

appeals dismissed

Orders

  • Confiscation order of £615,000 against Michael Forte confirmed; payable within three months or 5.5 years' imprisonment in default.
  • Determination that Forte has a 50% beneficial interest in Hillside Lodge and 100% in the Walters bank account confirmed.