National Crime Agency
Printable version

Fraudster to hand over London property

The Court of Appeal has refused permission for convicted fraudster Sean Martin Doherty (age 59) to appeal a High Court Order to hand over his £460,000 North London property to the NCA.

The NCA successfully obtained a Recovery Order on the 17th December 2015 for possession of a flat in Princess Road, Kilburn, valued at approximately £460,000 with only around £30,000 outstanding on the mortgage, on the basis that it had been obtained from the proceeds of crime.

The Court was told that it had been acquired in 1998 for £55,000 using a fraudulent mortgage, bought using a false identity, supported by a fictitious reference and fictitious declarations of income. Rather than disputing these facts, Doherty sought to challenge the legality of the NCA’s application.

In spite of Doherty’s arguments, Mrs. Justice Laing found that the entire property had been obtained through crime and that even the 5% deposit was from tainted monies, as Doherty was in prison for benefit fraud offences and had not declared any income at the time when the property was bought.

Doherty applied to the Court of Appeal for leave to appeal the High Court decision but this was finally refused on the 12th October 2016 meaning that the property will remain in the NCA’s hands

Stephanie Jeavons, Deputy Directaor for the NCA’s Economic Crime Command, said: “Civil Recovery is a really effective way of denying criminals the benefit of their crimes, and that includes investments. The Proceeds of Crime Act allows the NCA to recover not just the original purchase price of the property but also the increase in the value of the property over the intervening years. In this case the property’s value has risen by more than 700% since being bought in 1998.”

Doherty also faces having to pay the NCA £17,000 in legal costs from the first hearing.

 

Channel website: http://www.nationalcrimeagency.gov.uk/

Share this article

Latest News from
National Crime Agency