Godley, R v [2014] EWHC 2343 (QB) (14 November 2014)

Godley, R v [2014] EWHC 2343 (QB) (14 November 2014)

Mr Godley benefited from his criminal conduct in the sum of £1,567,974, including gifts made to his wife and children, and has not satisfied the court that the realisable amount is less than the benefit. A confiscation order is appropriate in the sum of £1,567,974 less the sum paid to the liquidators, and a compensation order should be made from the confiscation sum for the benefit of defrauded investors.

Citation
[2014] EWHC 2343
Parties
Claimant: Regina; Defendant: William Godley
Jurisdiction
England and Wales
Judgment Date
14 November 2014
Procedural Posture
Confiscation Proceedings Following Criminal Conviction / Judgment After Contested Confiscation Hearing
Outcome
Confiscation order granted against Mr Godley in the sum of £1,567,974 less the sum paid to the liquidators; compensation order to be paid from the confiscation sum.
Legal Topics
Confiscation Order, Benefit From Criminal Conduct, Realisable Assets, Gifts Caught by Proceeds of Crime Legislation, Compensation Order
Criminal Law Proceeds of Crime Confiscation Order Benefit From Criminal Conduct Realisable Assets Gifts Caught by Proceeds of Crime Legislation Compensation Order

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Parties

Regina

Claimant

William Godley

Defendant

Procedural Posture

Confiscation Proceedings Following Criminal Conviction / Judgment After Contested Confiscation Hearing

Legal Issues

  1. 1 Whether Mr Godley benefited from criminal conduct and the value of that benefit
  2. 2 Whether the realisable amount is less than the value of the benefit
  3. 3 Whether gifts to family members should be included in the realisable amount

Ratio Decidendi

Mr Godley benefited from his criminal conduct in the sum of £1,567,974, including gifts made to his wife and children, and has not satisfied the court that the realisable amount is less than the benefit. A confiscation order is appropriate in the sum of £1,567,974 less the sum paid to the liquidators, and a compensation order should be made from the confiscation sum for the benefit of defrauded investors.

Court Disposition

Confiscation order granted against Mr Godley in the sum of £1,567,974 less the sum paid to the liquidators; compensation order to be paid from the confiscation sum.

Orders

  • Confiscation order in the sum of £1,567,974 less £93,025 (grossed up for inflation) paid to liquidators
  • Compensation order to be paid from confiscation sum for benefit of investors in ICG Placement Funds