Cash-strapped criminals are losing their lavish lifestyles as asset-stripping police investigators in Avon and Somerset hit them where it hurts most – in the pocket.
Since March criminals have been jailed for a variety of drug, fraud and other offences and ordered to pay back more than £4.2m by the courts – since 2006 more than £12m has been clawed back.
The money has been recovered under the Proceeds of Crime Act 2002, which paved the way for confiscation orders to be imposed on criminals, ensuring they pay the penalty for their illegal activity, bringing an abrupt end to their lavish lifestyles.
Luxury cars, expensive designer watches, jewellery and clothing, hot tubs, yachts, holiday homes in the sun have all been seized following police action to strip criminals of their assets and halt their luxury lifestyles, proving that crime simply doesn’t pay in Avon and Somerset!
Since 2006 Avon and Somerset Police have obtained more than 720 successful confiscation orders, which has resulted in criminals being stripped of 12.2m
It means offenders not only face jail but also hefty financial penalties, which means that when they are released from prison they can no longer enjoy the luxury lifestyles to which they have become accustomed, including luxury cars, large houses, sending their children for private education, holiday homes, as well as expensive designer jewellery and clothing.
They face a further prison term, if on release, they have not paid the confiscation order in full and will still be required to pay the order when eventually released from prison.
The onus is on the offender to pay the confiscation order using all of their assets, which will mean selling cars, property, jewellery or surrendering savings to raise the necessary finance. In many cases, Police will have obtained orders freezing all assets, preventing the defendant from doing anything with them other than to sell them to satisfy the confiscation order.
The highest confiscation orders made during the past six months were both for £1m.
- Drug dealer Craig Rodel at a hearing at Bristol Crown Court on August 30 2011 was ordered to repay £1m after the confiscation hearing identified benefits of crime of £35m. The £1m order represented all his available assets, including a share of a property, a caravan, jewellery, a number of vehicles and other assets that Rodel had hidden.
Former judo champion James Waithe, who was an accomplice of Rodel was also ordered to pay a £1m confiscation order – which the court found represented his available assets.
Both Rodel and Waithe had been jailed for their roles in a major conspiracy to supply class A drugs. The confiscation hearing heard they had benefited from crime to the extent of £35m.
- Convicted drug dealer Donovan Williams, aged 48, from Bedminster, was ordered to pay a confiscation order of £194,000 when he appeared at Bristol Crown Court on Monday December 12. He was originally arrested in October 2008 for drug offences and the amount confiscated included the equity in four properties and the cash seized on his arrest.
- Juan-Carlos Nunez was ordered to pay more than £250,000 after a confiscation order was held at Bristol Crown Court in May 2011. for his involvement in drug dealing. The court was told he had benefited from drug dealing to the value of £254,689 and he was ordered to repay that amount. He had previously been jailed for three years and will have to sell properties he owned, to pay the order.
- A Bristol drug dealer faced the prospect of selling his house, jet ski and a BMW convertible sports car after Bristol Crown Court imposed a confiscation order. Mark Saunders was given a confiscation order of £75,460 after the court heard that police seized 5kg of cocaine with a street value of £250,000 from a van he was driving in September of last year. He had previously been jailed for four years eight months.
- Disgraced financial adviser Richard Nelson, who duped families and charities out of more than three quarters of million pounds after agreeing to prepare wills was ordered to pay £168,000 under the Proceeds of Crime Act. Bristol Crown Court was told at a confiscation hearing that he had stolen more than £780,000 from the estates of three deceased pensioners to fuel a lavish lifestyle.
Police will not only pursue those involved in large-scale drug dealing or fraud offences but will pursue anyone who has benefited from crime. A nominal order can be sought against a person jailed for an offence but who has spent all their ill-gotten gains and does not have any assets..
The nominal order ensures that should the person then acquire assets in the future by whatever means, then they can be deprived of them to the value of the offending sum.
Dr Kirstie Cogram Manager of Avon and Somerset Police’s Financial Investigation Unit said: “Compensation for victims remains the main drive of the financial investigators, reinforced by the desire to tackle crime at all levels.
“Since the Proceeds of Crime Act was introduced Avon and Somerset has introduced financial investigators to each of its six policing districts. They provide specialist support and advice to frontline policing operations, ensuring that crime does not pay across all levels of crime,” said Dr Cogram.
Funds that are recovered via the confiscation order are in the first instance used for compensation to the victims of the offences committed. Of the remainder a proportion goes to Avon and Somerset Police, which is used to ensure asset recovery, remains a priority. It is also used for general police investigations and community initiatives.
“As well as seeking confiscation orders through the criminal courts, we will also use civil powers under the Proceeds of Crime Act to forfeit cash that is believed to be the proceeds of crime. Since April 1 this year a further £80,000 in cash has also been forfeited from suspected criminals in the Avon and Somerset area.
Dr Cogram added: “These criminals have a negative impact on our communities and we will continue to work hard to ensure that criminals living in our area are not allowed to live off the proceeds of crime. We will ensure that criminals are not able to live in large houses, drive around in expensive cars and live luxurious lifestyles to the cost of hard working members of the public. We will also, where possible, work to ensure that victims of the crimes receive compensation.
“We do not only go after the big fish, we will strip assets from anyone who makes money from crime, which should send a clear warning to those involved in illegal activity that crime does not pay,” said Dr Cogram.