ASSETS RECOVERY AGENCY FREEZES ANOTHER 3/4 MILLION OF ASSETS

23 Feb 2005 09:45 AM

The Assets Recovery Agency has restrained a total of 3/4 million of assets in two separate cases. The Agency contends that 400,000 of assets held by Carl James Metcalfe of Keighley, and 350,000 of assets held by Carlos Graham Layne of High Wycombe have been obtained as a result of unlawful conduct. Interim Receiving Orders were granted in the High Court yesterday.

The Agency contends that Mr Metcalfe, who is serving an eight year prison sentence for conspiracy to offer to supply Class A drugs, is holding property that has been acquired as a result of unlawful conduct related to drug trafficking. The property involved includes: * 2 residential premises (1 in Keighley and 1 in Skipton) * a plot of land in Keighley
* a quantity of jewellery, silverware and paintings
* Lexus LS400 motor car bearing the registration M1DAS

Mr Metcalfe was convicted on 19 December 2002 of conspiracy to offer to supply a controlled drug - ecstacy. The tablets he had offered to supply were in fact fake tablets. A Confiscation Order was granted following his conviction but was successfully appealed on 2 December 2004 (although the conviction stood) and the case was then referred to the Agency by West Yorkshire Police.

In the case involving assets held by Mr Layne, the Agency contends that houses, vehicles and a number of businesses have been obtained as a result of unlawful conduct linked to drug dealing, money laundering and handling stolen cars. The property restrained includes:
* 7 houses and 1 flat
* 4 bank accounts
* 8 businesses
* A large number of vehicles

This case was referred to the Agency by Thames Valley Police.

Jane Earl, Director of the Assets Recovery Agency said "These are both good examples of the multi-agency approach working well. In just under two years of operation the Agency is making a real impact and is applying its unique powers firmly and fairly. We are getting good quality referrals and cases are moving through the process more quickly. As we approach our second birthday I can promise those that are holding unlawfully acquired assets that our commitment to make sure that crime doesn't pay is as strong as ever."

In both cases the Agency satisfied the Court that there are good arguable cases that the respondents are holding assets that were acquired as a result of unlawful activity. The Interim Receiver, who is an independent officer of the Court, will submit a report to the Court in due course. If that report shows that assets represent the proceeds of crime, the Agency will apply for a Civil Recovery Order.

Note 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

T +44 (0)20 7029 5700
F +44 (0)20 7029 5706
E enquiries@ara.gsi.gov.uk www.assetsrecovery.gov.uk