EMBARGOED FOR PUBLICATION OR BROADCAST BEFORE 0.01AM ON FRIDAY 20 MAY 2005
PROCEEDS OF CRIME CONFISCATED BY CIVIL COURT
Two flats were included in an order granted by the Court of Session recently to recover the proceeds of crime. This is the first time that the Civil Recovery Unit in Edinburgh, on behalf of Scottish Ministers, has recovered houses. Previous orders have only ordered the recovery of money in bank accounts.
The properties, in the Ibrox and Carmyle areas of Glasgow, are both now for sale. The proceeds of the sale - estimated to be over £100,000 - will be paid over to Scottish Ministers. In addition, the Court of Session ordered that money in bank accounts - about £40,000 - and jewellery, including a diamond-encrusted Rolex watch valued at more than £4000 new, be handed over to the Crown.
The property and bank accounts were in the name of Marcus Kelman (34),Waterside Street, Glasgow who, last summer was acquitted at the High Court in Glasgow on drugs related charges. The Court of Session heard that Kelman, who had limited legitimate income over a number of years, had been able to buy the properties, and make substantial savings, as a result of his involvement with drug related crime.
The successful recovery followed a civil action taken by the CRU under the Proceeds of Crime Act 2002 (POCA) introduced in early 2003. Prior to the introduction of the Act only those convicted of a criminal offence could have assets confiscated. Mr Kelman did not defend the civil action.
The Lord Advocate, Colin Boyd QC welcomed this development. The Lord Advocate said:
"This case underlines our determination to recover the proceeds of crime. The Proceeds of Crime Act was designed to show that crime does not pay, and this latest case demonstrates that the new powers are being used to recover all types of property for the benefit of the public purse. I welcome the close co-operation between Strathclyde Police and the CRU which has led to this successful conclusion."
Notes to editors:
The Proceeds of Crime Act 2002 (POCA) came into force early in 2003. POCA makes provision for a civil recovery scheme, whereby the proceeds of unlawful conduct are recoverable, and an enhanced cash forfeiture scheme. The Scottish Ministers institute civil recovery proceedings. A Civil Recovery Unit is responsible for the implementation of civil recovery and cash forfeiture in Scotland. The Lord Advocate is the Scottish Minister responsible for the operation of the Unit.
A photograph of a Rolex wristwatch, identical to the one forfeited in this case, is available by emailing
communications@copfs.gsi.gov.uk
Contact: Communications 0131 247 2669
News Release: CRO008LP