Director of Public Prosecutions v Tomas Plepys & Anor

Director of Public Prosecutions v Tomas Plepys & Anor

The US court order qualifies as an external order under the Proceeds of Crime Act 2002 and the 2005 Order, the funds in the HSBC account are recoverable property as proceeds of fraud, all procedural and service requirements are satisfied, and no exceptions apply. The court must register the US order and make a recovery order vesting the funds in the trustee for civil recovery.

Parties
Claimant: Director of Public Prosecutions; Defendant: Tomas Plepys; Interested Party: HSBC Bank PLC
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Recovery / Enforcement of Foreign Order / Judgment on Application for Registration and Recovery Order
Outcome
application granted
Legal Topics
Registration of External Orders, Civil Recovery, Fraud, Forfeiture of Proceeds of Crime
Proceeds of Crime Enforcement of Foreign Judgments Registration of External Orders Civil Recovery Fraud Forfeiture of Proceeds of Crime

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Parties

Director of Public Prosecutions

Claimant

Tomas Plepys

Defendant

HSBC Bank PLC

Interested Party

Procedural Posture

Civil Recovery / Enforcement of Foreign Order / Judgment on Application for Registration and Recovery Order

Legal Issues

  1. 1 Whether the United States court order qualifies as an external order under the Proceeds of Crime Act 2002 and the 2005 Order
  2. 2 Whether the property in the HSBC account is recoverable property under the relevant legislation
  3. 3 Whether the procedural requirements for registration and recovery order are satisfied

Ratio Decidendi

The US court order qualifies as an external order under the Proceeds of Crime Act 2002 and the 2005 Order, the funds in the HSBC account are recoverable property as proceeds of fraud, all procedural and service requirements are satisfied, and no exceptions apply. The court must register the US order and make a recovery order vesting the funds in the trustee for civil recovery.

Court Disposition

application granted

Orders

  • US court order registered as an external order under the Proceeds of Crime Act 2002
  • Recovery order made in respect of the funds in the HSBC account