Voudouri & Anor v. Her Majesty's Advocate [2008] ScotHC HCJAC_34 (02 July 2008)

Voudouri & Anor v. Her Majesty's Advocate [2008] ScotHC HCJAC_34 (02 July 2008)

Property in the possession or under the control of the convicted person falls within the definition of realisable property under Section 4(1)(c) of the Proceeds of Crime (Scotland) Act 1995, regardless of ownership. The rights of innocent third parties are to be protected at the enforcement stage, not at the stage of making the confiscation order. The sentencing judge was correct to include the property in question in the confiscation order.

Citation
[2008] ScotHC HCJAC_34
Parties
Appellant/respondent: Michael George Voudouri; Respondent/petitioner: Her Majesty's Advocate; First Minuter/appellant/minuter: Trust Union LLC
Jurisdiction
Scotland
Judgment Date
02 July 2008
Procedural Posture
Appeal Against Sentence and Confiscation Order / Appeal Judgment
Outcome
Appeals refused
Legal Topics
Confiscation Order, Realisable Property, Third Party Rights, Money Laundering, VAT Fraud
Criminal Law Proceeds of Crime Confiscation Order Realisable Property Third Party Rights Money Laundering VAT Fraud

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Parties

Michael George Voudouri

Appellant/respondent

Her Majesty's Advocate

Respondent/petitioner

Trust Union LLC

First Minuter/appellant/minuter

Procedural Posture

Appeal Against Sentence and Confiscation Order / Appeal Judgment

Legal Issues

  1. 1 Whether property held in the name of a third party but in the possession or control of the convicted person is 'realisable property' under Section 4(1)(c) of the Proceeds of Crime (Scotland) Act 1995
  2. 2 Whether the rights of innocent third parties must be considered at the stage of making a confiscation order or only at the enforcement stage

Ratio Decidendi

Property in the possession or under the control of the convicted person falls within the definition of realisable property under Section 4(1)(c) of the Proceeds of Crime (Scotland) Act 1995, regardless of ownership. The rights of innocent third parties are to be protected at the enforcement stage, not at the stage of making the confiscation order. The sentencing judge was correct to include the property in question in the confiscation order.

Court Disposition

Appeals refused

Orders

  • Appeal by Michael George Voudouri refused
  • Appeal by Trust Union LLC refused