ARA AND DERBY TRADING STANDARDS SECURE £17K CONFISCATION

7 Mar 2006 10:15 AM

Assets Recovery Agency (ARA) Financial Investigators, working in partnership with Derby Trading Standards, were successful in obtaining a Confiscation Order in the sum of £17,415 against John Wagstaff of Farneworth Road, Mickleover.

Investigations began when police and trading standards officers searched Mr. Wagstaff's house in November 2003. Over 2,000 items suspected of being in breach of copyright and trademark laws were seized by police officers.

Further enquiries were then pursued by Trading Standards Enforcement Officers, with a number of DVDs and CDs being sent for analysis in respect of trademark and copyright offences. Four computers seized from the defendant's home address were sent for forensic examination.

Invoices found at the defendant's home address indicate he had purchased 2,420 writeable DVDs, 850 writeable CDs, 3,850 DVD library cases and 1,000 plastic CD cases. Papers seized from his house included a number of printed e-mail requests for various films, music and software. Subsequent enquiries identified a number of individuals who admitted purchasing counterfeit items from the defendant and from whom witness statements were taken.

Mr. Wagstaff pleaded guilty on 31st October 2005 at Derby Court to 22 counts of counterfeiting and copyright offences, and had a further 20 offences taken into consideration.

At Derby Court on 3rd March 2006, Judge Hughes made a Confiscation Order in the amount of £17,415, with benefit certified in the same amount. Mr. Wagstaff was ordered to pay the money within 12 months, or face imprisonment for nine months. A costs order was also awarded against Mr. Wagstaff in the amount of £6,000, also to be paid within 12 months.

He was also sentenced to 12 months' imprisonment on each criminal count, to be served concurrently.

ARA Director Jane Earl said: "This is an excellent result for the Assets Recovery Agency and Derby Trading Standards. It shows that the powers of the Proceeds of Crime Act will be brought to bear on the assets of counterfeiters.

"People who commit crimes of dishonesty should put themselves on alert that ARA will work with our partners to make sure that crime does not pay. Criminals no longer have a hiding place."

Mel Smith of Derby Trading Standards added: "The additional financial sanction of asset recovery will make others think about their activities in a new light and hopefully deter them from committing these offences. Our advice to them is- stop and stop now."

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 a criminal confiscation or civil recovery of the proceeds of unlawful activity by an action in the Crown or High Court respectively. 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