Alex Mullen of QEB Hollis Whiteman appears for the CPS Proceeds of Crime Unit in long-running confiscation proceedings, achieving a favourable ruling following arguments by third parties as to whether they had the benefit of common intention constructive trusts.
The case arises from a police investigation following the cracking of the EncroChat encrypted communications network and subsequent discovery of a multi-million pound drug trafficking enterprise in the Southeast of England. Following their convictions in 2022, several members of the organised crime network were jailed and confiscation proceedings followed.
As part of those proceedings the Crown sought to include within the available amount for confiscation two properties owned by one of the Defendants, Mr R.
Two relatives of Mr R claimed, however, beneficial interests in the properties by way of common intention constructive trusts. One of the third parties claimed 100% beneficial ownership of one property, and the other 50% of the other property.
Following evidence given at a confiscation hearing by both parties and further detailed submissions provided to the Court by Alex on behalf of the Crown and counsel acting for the third parties, the Judge ruled in the Crown's favour, allowing the value of the properties to proceed to the enforcement stage.
Thanks to the inclusion of the value of these properties the Crown will be set to recover over £2 million from Mr R. This adds to hundreds of thousands of pounds already secured from other Defendants in this case.
Alex frequently appears for all sides in all hearings under the Proceeds of Crime Act, and can appear for third parties who seek to claim interests in property due to be included in confiscation orders whether via solicitors or on a direct access basis.
The case has been featured in local press:
Alex Mullen