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Alf Ventress

Proceeds of Crime

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Alf Ventress

Male arrested for theft/fraud offences. Basically returns goods to store (which are stolen) and gets credit for them on gift cards..rinse, repeats...ends up with LOTS of items of a similar nature which he stores at his h.a.

 

Both he and his Mrs are locked up away from address and section 18 reveals the Aladdin caves worth of new items in bulk along with evidence of fraudulent receipts etc.

 

Both go ‘no comment’ and investigation to continue.

 

Heard mention of seizing items under POCA but not sure how this would result?? For instance if the thefts/frauds were nfa’d or not guilty when it is clear that these items are ‘stolen’...how does this get invoked or used....it may not be likely to find original owners of majority of items ...but clearly don’t want them returning to the two...

 

Thanks...

 

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Indiana Jones

Even if the substantive crime goes nowhere, the POCA can come into play. It's a separate process and civil, so it's balance of probabilities and not beyond reasonable doubt.

The person against whom you're acting needs to prove that they have the items legitimately, you don't need to prove it's been obtained through crime.

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Alf Ventress

How is this process undertook?

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Mazza

You will likely have a department or a SOP which covers this, we have a financial unit who do a lot of POCA and they would advise us through the process. Basically you have to see the criminal proceedings through first.

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grumeister

We have been told seize under PACE and FIU will do the POCA stuff. Once you seize under POCA you have 48 hours to investigate or go to court for an extension.

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