R v C – Leeds Crown Court.
Mr C was an elderly gentleman who had led a hard-working and industrious life. He had no previous convictions but had been recruited by an organised crime group to front a complex VAT fraud involving government contracts for IT infrastructure. Mr C was completely unaware of the background but made himself available to the organised crime group so that monies coming into a business (of which he was the director) would then be transferred to members of the organised crime group. Mr C pleaded guilty for his part in the conspiracy, and he received a short prison sentence.
The prosecution instigated confiscation proceedings against Mr. C and assessed his benefit more than £3 million. The prosecution had also alleged that the defendant acted as a courier for the organised crime group and had converted the illegal VAT monies into gold bullion bars valued at £1 million. The prosecution could not ascertain the whereabouts of the gold and alleged that Mr. C had these items hidden and therefore still available to him. After making extensive enquiries fand making representations to the prosecution, the prosecution finally accepted that our client had no available money. Mr. C’s benefit was agreed at £24,000, and available amount at £11,000, which was held by the prosecution.
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