ARA secures £159,000 confiscation order against property entrepreneur

7 Dec 2006 04:15 PM

Assets Recovery Agency (ARA) Financial Investigators, working in partnership with the London Borough of Waltham Forest Council's Corporate Audit and Anti Fraud Team (CAAFT), have secured a Confiscation Order for £159,000 against Elaine Henry of Albert Road, Walthamstow, who was convicted of falsely claiming more than £60,000 of local authority benefits.

The offences first came to light following a National Fraud Initiative referral for suspected non-declared increase in earnings. Investigations revealed that Ms. Henry owned a number of properties but did not declare them, and also failed to declare a substantial sum of rental income.

On the 30th June 2006 at Waltham Forest Magistrates' Court, Ms. Henry pleaded guilty to 11 offences under the Theft Act 1968 and two charges under the Forgery & Counterfeiting Act 1981. At Snaresbrook Crown Court on the 29th September 2006, she was given a one year prison sentence, which was suspended for two years.

Waltham Forest Council's prosecution of Elaine Henry was in respect of fraudulently obtained Housing Benefit and Council Tax Benefit in relation to her own home. She paid back the total sum of fraudulently obtained benefits from the Council after the initial instigation of proceedings. The Court heard that investigators also discovered that Ms. Henry styles herself as a self-made property millionaire, and has presented seminars explaining how to become a property entrepreneur. One of her seminars entitled 'From Chambermaid to Property Millionaire' was made only days after her conviction.

Following her conviction and sentencing, at Snaresbrook Crown Court on 7th December 2006 HHJ Huskinson certified that Elaine Henry had benefited from criminal conduct to the tune of £195,000 and made a Confiscation Order against her for £159,000 (taking into account the money she had already paid back). The Order must be satisfied within 12 months or Ms. Henry will face a prison sentence of two years and three months. An order for a total of £4,265 towards the cost of the prosecution was also made against her.

Jane Earl, Director of the Assets Recovery Agency, said: "This case shows how a joined-up approach between the Assets Recovery Agency and Waltham Forest Council has stopped someone benefiting from the proceeds of their criminal activity. This sends out a clear message to anyone who is thinking about committing benefits fraud that crime does not pay."

Deputy Leader of Waltham Forest Council and Lead member for Corporate Services, Cllr. Keith Rayner, added: "Waltham Forest does not tolerate benefit fraud. This Council will work with the Assets Recovery Agency where appropriate to actively pursue proceedings in cases of this type."

Notes for Editors:

1. The Proceeds of Crime Act 2002 created the Assets Recovery Agency and provided completely new powers to allow ARA to seek civil recovery of the proceeds of unlawful activity by an action in the High Court. The Agency can also issue tax assessments where there are reasonable grounds to suspect that there is taxable income, gain or profit from criminal conduct.

2. The Agency is playing its part in the multi-agency approach to deliver the Government's Asset Recovery Strategy. Under the cross government initiative 'Payback', the tracing of and recovery of assets is seen as an important element in the delivery of justice, and sends out a strong deterrent message. The overall aims of the strategy are to make greater use of the investigations of criminal assets in the fight against crime; recover money that has been made from crime or which is intended for use in crime; prevent criminals and their associates from laundering the proceeds of criminal conduct, and detect and penalise such laundering where it occurs; to use the proceeds recovered for the benefit of the community.

Assets Recovery Agency, PO Box 39992
London EC4M 7XQ