22 Feb 2008 03:00 PM
Fishermen pay the price for illegal 'black' fishing

ASSETS RECOVERY AGENCY News Release issued by The Government News Network on 22 February 2008

The Assets Recovery Agency (ARA), working in partnership with the Marine and Fisheries Agency (MFA), an executive agency of the Department for Environment, Food and Rural Affairs (DEFRA), has successfully concluded a criminal confiscation investigation resulting in six Confiscation Orders totalling £891,196.58 at Newcastle Crown Court yesterday.

ARA's confiscation investigation followed the convictions in June 2007 at Newcastle Crown Court of Thomas Ian Nicholson, 44, of Fishery House, Newbie Annan, Dumfrieshire and TN Trawlers Limited (Ltd), of which Mr Nicholson is Director. The prosecutions were brought by DEFRA after the detection of inaccurate fish landing declarations including valuable species of fish restricted by EU quotas.

The Agency's financial investigation focused on whether or not, and if so, to what extent, the defendants have benefited from their illegal activity of under declaring the nature and value of fish catches when landing, at Workington, Whitehaven, Padstow, Newlyn, Falmouth, Brixham, Shoreham, - a practice commonly known as landing 'black' fish.

TN Trawlers Ltd. and Nicholson, each agreed to pay £236,500 within six months or Nicholson will face three years in prison in default.

The merchants who sold on the fish were also dealt with by the Newcastle Crown Court last week. They were: David Eden jnr 36, of Wirral and David Eden snr., 64 of Wirral, who ran the Liverpool Bay Fishing Company and all of whom had earlier pleaded guilty to supplying false sales notes which matched the false log books of the fishing vessels.

They agreed to pay confiscation orders of £40,000 each within six months or face 18 months in prison in default.

Two further defendants Ian Perkes, 51, of Brixham and Sean Perkes, 42, of Brixham, Devon who ran Ian Perkes Fish Merchants of Brixham had earlier pleaded guilty in respect of 13 landings and of failing to supply sales notes for the fish they bought from TN Trawlers' vessels.

Both agreed to pay confiscation orders of £188,195 and £150,000 respectively within six months or face three years in prison in default.
Commenting on this latest success, ARA's Interim Director, Alan McQuillan, said: "Together with our partners, we are determined to recover the proceeds from all types of illegal activity, including those that threaten sustainable fish stocks.

"These confiscation orders send out a clear message to those involved in similar activity that the Government is committed in its approach to recover the proceeds of crime."

The six defendants were also ordered to pay the following costs:
* Thomas Nicholson and TN Trawlers Ltd, £1,000 each;
* David Anthony Eden senior and junior, £500 each;
* Sean Perkes and Ian Perkes, £500 costs each.
The Judge also sentenced the six defendants to the following fines:
* Thomas Ian Nicholson and the company TN Trawlers Ltd are to pay £13,000 each;
* David Anthony Eden and his son are to pay £3,000 each;
* Sean Perkes and his brother, Ian Perkes, are to pay £2,000 each.

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. The Director can also authorise ARA investigators to conduct criminal confiscation investigations.

2. The confiscation hearing is part of the sentencing process. Where a defendant has insufficient funds (i.e. available amount), to pay the full benefit figure (relevant amount), determined by the sentencing Court as the defendant's proceeds of crime at the time of confiscation hearing, there is provision under the Act to apply to the Crown Court to reconsider the available amount where the defendant later comes into funds.

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.

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