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 proved that the realisable amount is less than the benefit. A confiscation order is appropriate in that sum, less a deduction for compensation already paid to the liquidators. A compensation order should be made and paid out of the confiscation sum for the benefit of defrauded investors.

Citation
[2014] EWHC 2343 (QB)
Parties
Claimant: Regina; Defendant: William Godley
Jurisdiction
England and Wales
Judgment Date
14 November 2014
Procedural Posture
Confiscation Proceedings Following Criminal Conviction / Judgment on Confiscation Order
Outcome
Confiscation order granted against Mr Godley in the sum of £1,567,974, less £93,025 already paid to the liquidators, with a compensation order to be paid out of 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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Claimant

William Godley

Defendant

Procedural Posture

Confiscation Proceedings Following Criminal Conviction / Judgment on Confiscation Order

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 proved that the realisable amount is less than the benefit. A confiscation order is appropriate in that sum, less a deduction for compensation already paid to the liquidators. A compensation order should be made and paid out of 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 £93,025 already paid to the liquidators, with a compensation order to be paid out of the confiscation sum.

Orders

  • Mr Godley to pay £1,567,974 less £93,025 by way of confiscation order.
  • If not paid within six months, Mr Godley to serve a further three years' imprisonment in default.