The National Crime Agency v Atkinson & Anor [2015] EWHC 1299 (QB) (08 May 2015)

The National Crime Agency v Atkinson & Anor [2015] EWHC 1299 (QB) (08 May 2015)

Mrs Atkinson failed to discharge the burden of proof required by s.266 POCA; the property was obtained through mortgage fraud and money laundering, not in good faith, and no evidence of steps taken to her detriment was provided. The statutory exception does not apply; all assets are recoverable property.

Citation
[2015] EWHC 1299 (QB)
Parties
Claimant: The National Crime Agency; Defendant: Philip Atkinson; Defendant: Karen Atkinson
Jurisdiction
England and Wales
Judgment Date
08 May 2015
Procedural Posture
Civil Recovery Proceedings / Final Judgment
Outcome
Civil Recovery Order granted as sought by the National Crime Agency.
Legal Topics
Proceeds of Crime, Civil Recovery Order, Statutory Exception Under POCA S.266, Money Laundering, Mortgage Fraud, Drug Dealing
Criminal Law Civil Recovery Proceeds of Crime Civil Recovery Order Statutory Exception Under POCA S.266 Money Laundering Mortgage Fraud Drug Dealing

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Parties

The National Crime Agency

Claimant

Philip Atkinson

Defendant

Karen Atkinson

Defendant

Procedural Posture

Civil Recovery Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the properties, bank accounts, and assets are recoverable property under POCA due to unlawful conduct
  2. 2 Whether Mrs Atkinson can rely on the statutory exception under s.266 POCA to exclude the matrimonial home from the Civil Recovery Order

Ratio Decidendi

Mrs Atkinson failed to discharge the burden of proof required by s.266 POCA; the property was obtained through mortgage fraud and money laundering, not in good faith, and no evidence of steps taken to her detriment was provided. The statutory exception does not apply; all assets are recoverable property.

Court Disposition

Civil Recovery Order granted as sought by the National Crime Agency.

Orders

  • All seven properties, four bank accounts, and a Rolex watch to be included in the Civil Recovery Order.
  • Provision for payment of Mr Vollenweider's fees from frozen accounts included in the court order.