Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)

Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)

SOCA has proved, on the balance of probabilities, that O'Docherty was a professional, large-scale drug dealer and money launderer. The properties held by the respondents are recoverable as proceeds of crime under Part 5 of the Proceeds of Crime Act 2002. Civil recovery is not precluded by prior criminal proceedings stayed as abuse of process.

Citation
[2011] EWHC 3332
Parties
Applicant: Serious Organised Crime Agency; First Respondent: Trevor Hymans; Second Respondent: Stephen Keeble; Third Respondent: James Thomas O'Docherty (also known as Mark Eric Gibbons); Fourth Respondent: Manncherty SL
Jurisdiction
England and Wales
Judgment Date
16 December 2011
Procedural Posture
Civil Recovery Proceedings / Judgment After Substantive Hearing
Outcome
Civil recovery order granted in favour of SOCA
Legal Topics
Proceeds of Crime, Drug Trafficking, Mortgage Fraud, Money Laundering, Balance of Probabilities, Civil Vs Criminal Proceedings
Civil Asset Recovery Criminal Law Money Laundering Proceeds of Crime Drug Trafficking Mortgage Fraud Balance of Probabilities Civil Vs Criminal Proceedings

Case Brief

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Parties

Serious Organised Crime Agency

Applicant

Trevor Hymans

First Respondent

Stephen Keeble

Second Respondent

James Thomas O'Docherty (also known as Mark Eric Gibbons)

Third Respondent

Manncherty SL

Fourth Respondent

Procedural Posture

Civil Recovery Proceedings / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the properties held by the respondents are recoverable as proceeds of crime under Part 5 of the Proceeds of Crime Act 2002
  2. 2 Whether the applicant has proved unlawful conduct (drug trafficking, mortgage fraud, money laundering) on the balance of probabilities
  3. 3 Whether civil recovery proceedings are precluded by prior criminal proceedings stayed as abuse of process

Ratio Decidendi

SOCA has proved, on the balance of probabilities, that O'Docherty was a professional, large-scale drug dealer and money launderer. The properties held by the respondents are recoverable as proceeds of crime under Part 5 of the Proceeds of Crime Act 2002. Civil recovery is not precluded by prior criminal proceedings stayed as abuse of process.

Court Disposition

Civil recovery order granted in favour of SOCA

Orders

  • Properties held by Trevor Hymans, Stephen Keeble, James Thomas O'Docherty (aka Mark Eric Gibbons), and Manncherty SL are vested in the trustee for civil recovery under POCA s.266
  • Trustee to realise recoverable property as per statutory regime