National Crime Agency
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Second confiscation order for counterfeiter as new funds come to light
A convicted counterfeiter has agreed to hand over £34,714 after the NCA won a second confiscation order against him having discovered he had inherited a substantial sum.
James Alfred Brook, 75, was sentenced to five years’ imprisonment in April 2006 for admitting conspiracy to make counterfeit currency.
He had been arrested six months earlier after officers searched his home and seized counterfeit sterling, Euro and Bahraini dinar banknotes.
In 2007, Snaresbrook Crown Court ruled Brook, of Sandgate Road, Folkestone, Kent, had benefited from his crime by £241,000.
Based on funds that could be traced at the time, he was ordered to pay back £33,000.
He paid within 12 months.
However, following a review of historic confiscation cases, the National Crime Agency’s Asset Confiscation Enforcement (ACE) Team identified
Brook had subsequently inherited £31,000 and other funds were held in bank accounts on his behalf.
The NCA used powers under the Proceeds of Crime Act to win a new confiscation order for £34,714 last week at Snaresbrook Crown Court.
Brook now has 60 days to pay.
Failure to do so will leave him facing a default three-month prison sentence.
The order remains live even if he serves the default sentence.
Clive Michel, head of civil recovery and tax at the NCA, said: “The value of confiscation orders is based on the funds that can be traced at the time.
“If new funds come to light the NCA is determined to keep going and recover as much of that profit as possible.
“Our team has more than £2.5M restrained on another eight cases in similar circumstances which are awaiting hearings.
“The powers mean that we are able to keep on returning to take money off a convict if we have evidence that they have new funds and assets.
“Brook was found to have a criminal benefit of £241,000 and the NCA has successfully argued that his additional funds should be handed over.
“And we can keep going until their total benefit figure is paid.
"It allows us to keep hitting criminals where it hurts and ensure they don’t get to enjoy the benefit of their crime.”
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