Director of the Assets Recovery Agency v Taher & Ors

Director of the Assets Recovery Agency v Taher & Ors

On the balance of probabilities, the assets in the six accounts are proceeds of crime and are recoverable by the Director under the Act, regardless of the outcome of criminal prosecution.

Parties
Claimant: Director of the Assets Recovery Agency; Defendant: Mr Taher; Defendant: Mrs Balal; Defendant: Third Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
04 December 2006
Procedural Posture
Civil Recovery / Final Judgment
Outcome
Claim allowed; recovery order granted.
Legal Topics
Proceeds of Crime, Advance Fee Fraud, Money Laundering, Freezing Orders
Criminal Law Civil Recovery Asset Forfeiture Proceeds of Crime Advance Fee Fraud Money Laundering Freezing Orders

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Parties

Director of the Assets Recovery Agency

Claimant

Mr Taher

Defendant

Mrs Balal

Defendant

Third Respondent (unnamed)

Defendant

Procedural Posture

Civil Recovery / Final Judgment

Legal Issues

  1. 1 Whether the assets in six bank accounts are recoverable as proceeds of crime under the relevant legislation
  2. 2 Whether victims can trace and recover their contributions from the seized assets

Ratio Decidendi

On the balance of probabilities, the assets in the six accounts are proceeds of crime and are recoverable by the Director under the Act, regardless of the outcome of criminal prosecution.

Court Disposition

Claim allowed; recovery order granted.

Orders

  • Trustee for civil recovery appointed.
  • Recovery order made in respect of the amount standing in credit in the six bank accounts.