It is widely thought that proceedings under the Proceeds of ‘Crime’ Act, such as confiscation, are intended to obtain the money someone makes from committing a crime. So, the thinking goes, if a person is convicted of fraud having made £100,000 from the crime, then those funds can be confiscated by the courts.
While this basic premise is correct, UK money laundering laws are far broader in their application and are increasingly being used by UK authorities in innovative ways. Real estate matters in particular are receiving attention from UK local authorities.
For example, one innovative local authority has appointed surveyors to determine the increase in property value following illegal tree pruning and felling. The result, in addition to relatively nominal fines, is that courts have imposed significant – and some would argue punitive – confiscation orders.
Case 1 – The Ole Oak Tree…
The first case involves a 42-foot oak tree covered by a Tree Preservation Order (TPO) located in the back-garden of a Mr Samuel Wilson’s home in Canford Cliffs, Dorset.
A TPO is an order made by a local authority to protect trees and woodland. A person who contravenes a TPO is guilty of a criminal offence, and if found guilty, can expect to pay a fine of up to £20,000.
In 2016, Mr Wilson decided to cut a number of branches off the oak, which was casting a shadow over a Juliet balcony he had recently added to his £1 million home. After his neighbour contacted the local authority, Mr Wilson was prosecuted for cutting branches from the tree in violation of the TPO. He pleaded guilty to causing willful damage to a protected tree and was fined £1,200.
Following conviction, Poole Borough Council pursued Mr Wilson in confiscation proceedings. The council’s valuation experts said cutting the tree’s branches increased Mr Wilson’s home value by £21,000.
Three years after the original conviction, Mr Wilson was ordered to pay £15,000 in legal costs plus the £21,000 additional home value under UK money laundering confiscation provisions.
||Pruning of one oak tree
||£37,200 (plus one criminal conviction)
Click here to read the full GT Alert, which includes additional cases of confiscation orders under the Proceeds of Crime Act.