James Fletcher instructed by Jonathon Enston and Harry Devine (JMW Solicitors, Manchester office) successfully appealed five Account Forfeiture Orders made against their clients in the combined sum of approximately £450,000.
After a three day hearing at the Preston Crown Court the Judge indicated that the Police's evidence was not sufficient to prove that the balances of the bank accounts had been obtained by money laundering. As a result the money will be returned.
The success of the appeal was predicated upon the case team carefully obtaining documents to show, as far as possible, the provenance of the bank balances, together with evidence showing that the Appellants had told the banks they intended to deposit the funds and had subsequently engaged with the investigation.
In court, the team deconstructed the Police's "hypothesis" as to the alleged unlawful origin of the funds, showing that there was insufficient evidence to link the money to organised crime, benefit fraud or tax evasion and explaining why the court could not be satisfied in law that any of the funds had been obtained by that alleged unlawful conduct .
As a result, the Police had to fall back on the argument that even though they could not link any of the money to unlawful conduct, there remained an "irresistible inference" that the money could only have come from crime. The court did not accept this.
To instruct James, don't hesitate to get in touch with our dedicated clerking team on +44 (0) 207 332 5400 or email: clerks@5sah.co.uk
James Fletcher practises in both civil and criminal law. He is a specialist in Asset Recovery money laundering and Proceeds of Crime work. He has significant expertise in dealing with Account Freezing, Listed Assets and Forfeiture applications in the Magistrates Court and Civil Recovery in the High Court. He is instructed on behalf of businesses, by individual members of the public and by Government departments, such as the NCA, HMRC, FCA and DPP.
He has been featured in Chambers and Partners in the field of Proceeds of Crime and Asset Forfeiture work (all circuits) since 2014 and has been “Top Ranked” since 2016. James is ranked as a Tier 1 leading individual in The Legal 500 for POCA and Asset Forfeiture (London Bar).
