ASSETS RECOVERY
AGENCY News Release issued by The Government News Network on 28
November 2007
The Assets
Recovery Agency (ARA) has obtained a Civil Recovery Order for
£60,000 against two students who sold counterfeit designer Tiffany
jewellery and high-value designer handbags on Internet auction
site, EBay.
In its case against Miao Cui and Xi Lin, both Chinese nationals,
the Agency alleged in the High Court that the money, which was
spread across several bank accounts held in the names of both
respondents separately, was derived from unlawful conduct, namely,
the sale of counterfeit goods and laundering of the proceeds.
Both defendants, formerly of Trinity Mews, Teesdale, Thornaby,
Stockton-on-Tees, were arrested by police in February 2006 for
offences against the Trademarks Act and Proceeds of Crime Act,
relating to counterfeiting and money laundering. It followed a
police search of the above premises resulting in the seizure of
Royal Mail posting books, Hermes and Tiffany trademark packaging
boxes, counterfeit Chanel, Louis Vuitton and Mulberry handbags,
Fendi and Chloe handbags, Hermes ties and Tiffany jewellery.
They were bailed to return to Stockton Police Station on 30 May
2006. However, they failed to answer bail and were believed to
have returned to China.
Cleveland Police as a consequence then referred the case to the
Agency to be progressed using ARA's unique civil recovery
powers. A detailed investigation by ARA financial investigators
revealed that between October 2004 and January 2006, some £90,000
was received into the numerous accounts directly from online
payment companies, Nochex and Paypal. A further £75,000 was also
received into those same accounts in the form of cash payments
over the same period of time.
Both Mr Cui and Miss Lin had entered the UK on student visas,
which restricted them from working or claiming benefits in the UK.
The agency was granted a Property Freezing Order on 14 February
by the High Court to prevent assets being dissipated during the
ongoing investigation which has now led to a successful recovery action.
Charlie Dickin, ARA Deputy Director of Operations said: "We
successfully pursued this investigation after the police were
unable to proceed with prosecution due to the fact the defendants
had fled the jurisdiction.
"They had amassed significant sums of money in several
accounts over a short period of time by duping innocent buyers
over the Internet. We are committed to using the full rigour of
our unique powers to tackling cases involving counterfeiting and
piracy - whether that involves disrupting those involved in large
criminal enterprises or individuals who persist in duping hundreds
of unwitting buyers at market stalls or over the Internet."
Notes to 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 31 October 2007, the Serious Crime Bill received Royal
Assent. The new Act will merge the operational elements of the
Assets Recovery Agency (ARA) with the Serious Organised Crime
Agency (SOCA), and the training and accreditation functions with
the National Policing Improvement Agency (NPIA). It will also
extend to certain prosecutors the power to launch civil recovery
action under the Proceeds of Crime Act 2002. Until then ARA will
continue to operate as before and use its powers to the full in
proceeding to complete existing cases and adopt new cases for
future action.
Assets Recovery Agency, PO Box 39992
London EC4M 7XQ
E enquiries@ara.gsi.gov.uk
http://www.assetsrecovery.gov.uk