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.
For media enquiries please call 02890 893999 or 07799 115 253
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