Proceeds of Crime Act 1996 – £60,000 returned to Moss & Co client

An associate of the Defendant had been stopped by the UKBA after attempting to leave the UK with £60,000 in cash. The cash was seized by the UKBA under the Proceeds of Crime Act and a court made an order allowing the cash to be detained.

The Defendant was a businessman with international interests. He made a third party claim to the detained money. Witness statements were obtained from the Defendant and his associate and evidence was provided about the source of the money and intended use.

On receipt of the evidence the UKBA refused to release the money and applied to the court for a further order to detain the cash. The application to further detain the cash was fully contested with a counter application made for the return of the money. After hearing the applications the Magistrates refused to allow the UKBA to further detain the money and ordered the return of the £60,000 to the Defendant.

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