ASSETS RECOVERY
AGENCY News Release (ARA 06/07) issued by The Government News
Network on 15 February 2007
Assets Recovery
Agency (ARA) Financial Investigators, working in partnership with
Lancashire Constabulary, have secured Confiscation Orders worth
£1,043,663 against Gerald 'Gez' Deaffern of Darwen,
Lancashire, David Scattergood also of Darwen, and James Jennings
of Affetside, Manchester. All three were involved in the
large-scale importation of drugs into the UK using haulage
companies, and were sentenced to a total of over 44 years'
imprisonment for their activities.
The case began in January 2002 when Lancashire
Constabulary's Serious and Organised Crime Unit (SOCU) began
investigating the importation of approximately £25 million worth
of drugs which had been seized. The conspiracy involved a system
of renting out space on lorries to transport drugs into the UK,
and investigations revealed the involvement of the three
individuals in question. Running simultaneously to the criminal
investigation was an ARA financial investigation into the criminal
networks and personal lifestyles of those involved.
Mr. Deaffern was sentenced to 25 years' imprisonment on 15th
December 2004 at Liverpool Crown Court for conspiring to import
class 'A' and 'B' drugs into the UK. An appeal
against his conviction and sentence failed in November 2006. At
Liverpool Crown Court on 7th February 2007, HHJ Clark certified
that Mr. Deaffern had benefited from his criminal behaviour in the
amount of £10,849,805, and granted a Confiscation Order for
£456,663 which must be paid within 12 months or he will face a
default sentence of two years consecutive to his current sentence.
Mr. Scattergood was convicted on 17th February 2005 of conspiring
to import class 'A' and 'B' drugs into the UK
and was sentenced to eight and a half years' imprisonment. On
10th May 2005, HHJ Clark certified at Liverpool Crown Court that
Mr. Scattergood's benefit from the drug trafficking amounted
to £1,500,000 and made a Confiscation Order for £339,000, of which
£105,739 was required to be paid within 14 days of the decision
and the balance within six months, or he would face a default
sentence of five years to run consecutively to his current term.
Previously, Mr. Jennings was found guilty of conspiring to import
Class 'B' drugs into the UK on 29th April 2004, and on
31st January 2005 at Liverpool Crown Court HHJ Clark certified a
benefit figure from his drug trafficking of £350,000, and granted
a Confiscation Order for £248,000 which had to be paid within six
months of that date, or Mr. Jennings would face a prison sentence
of three years in default to run consecutive to his 11 years'
imprisonment already being served.
The results of the financial investigations into Mr. Scattergood
and Mr. Jennings could not be publicised until proceedings against
Mr. Deaffern had been completed.
Jane Earl, Director of the Assets Recovery Agency, said after the
successful conclusion of these cases: "Drugs are a scourge on
our society, but this case shows that the Assets Recovery Agency
is preventing traffickers from keeping their ill-gotten gains.
This case demonstrates the close working relationship which exists
between ARA, the police, and the Crown Prosecution Service to
bring significant drug dealers to justice."
DI Pat Gill of Lancashire Constabulary SOCU added:
"Financial investigation is a legitimate tactic to combat
criminality of this type. These people were in the drugs business
for profit. We aim to take the profit back."
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.
3. On 11th January 2007, the Home Office laid a Written
Ministerial Statement before Parliament setting out Government
proposals to merge the Assets Recovery Agency (ARA) with the
Serious Organised Crime Agency (SOCA), and to extend to
prosecutors the power to launch civil recovery action under the
Proceeds of Crime Act 2002. The Written Ministerial Statement can
be viewed at http://www.assetsrecovery.gov.uk/AboutARA/.
Any
proposed merger will require primary legislation. In the meantime
ARA will continue to operate as before and use its powers to the
full in proceeding with all cases under active litigation as well
as adopting new cases from referring agencies in the criminal
enforcement community.
Assets Recovery Agency, PO Box 39992
London EC4M 7XQ
T +44 (020) 7029 5700
F +44 (020) 7029 5706
E
enquiries@ara.gsi.gov.uk http://www.assetsrecovery.gov.uk