Planning – Fraud - Proceeds of Crime Act 2002 Matthew Chugg Accredited Financial Investigator Slough Borough Council

1. Apply to potentially ANY defendant facing prosecution. 2. Two conditions: Has the defendant been convicted of an offence: In the Crown Court In The Magistrates and committed for sentence. In the Magistrates and committed specifically for confiscation – s70 POCA? CONFISCATION ORDERS

FINANCIAL INVESTIGATION 1. Refer investigation or enforcement matter to an AFI as soon as practicable. 2. AFI’s have specific investigative powers: Production Orders – Account ledgers, Opening documents. S345 POCA Production Orders – Account ledgers, Opening documents. S345 POCA Restraint Orders.41 POCA Restraint Orders.41 POCA Warrants, Account Monitoring. Warrants, Account Monitoring. Evidence uncovered may support investigation, summons and confiscation Evidence uncovered may support investigation, summons and confiscation

1. Breach of Planning Enforcement Notice – s179 – TCPA Referral to AFI/Fraud BEFORE summons. 3. Non AFI dependant Investigations: Site visit – witness Site visit – witness Revs and Bens system Revs and Bens system Land Registry Land Registry DPA DPA POCA in action - Planning

1. AFI Investigations: Production Order Consent Order from tenant HMRC Restraint order. All evidence used to interview suspect and frame summons.

POCA in action - Planning Case study Single dwelling converted into Flats No Planning Application False documents submitted to LA, Revs and Bens, Building Control, Planning. Fraudulent mortgage on property Suspect owns multiple assets. Evidence used for IUC – Offences, Breach of Planning, Fraud, Money Laundering.

Confiscation examples 1. R V Del Basso – Breach of Planning s179(1) TCPA 1990 Park and Ride for airport since Effective PEN since March August 2011 Guilty – No compliance Jan 2012 All income generated post failure to comply criminal proceeds. Confiscation Order £1.5 Million. Asset exists to pay the order.

Q & A So it’s simple, really. Questions?

Proceeds of Crime Act 2002 ‘making sure crime doesn’t pay’ Matthew Chugg Claire McNab Accredited Financial Investigators POCA Part 2, 5 & 8 Telephone