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Over £100,000 recovered as proceeds of crime

In a good example of the powers available to the Crown Office’s Civil Recovery Unit, a recovery order for £105,115 has been made at the Court of Session against an Edinburgh man.

The order for the recovery of the funds in terms of Section 266 of the Proceeds of Crime Act 2002 was made on 24th January 2014. Brian Ellis had 21 days to appeal Lord Burns’ decision, and that period has now expired.

The Scottish Ministers alleged in the Court of Session that Ellis had obtained property through unlawful conduct which included mortgage fraud, credit card fraud and theft and the court agreed – Lord Burns decided that Ellis lied in his mortgage application when he claimed to receive income from employment, when in truth he predominantly relied on income from fraud and theft.

The court made a recovery order in respect of approximately £105,115, this being the free proceeds from the sale of a house initially obtained by Brian Ellis using funds received from a fraudulent mortgage application, and a deposit funded by other crimes of acquisitive dishonesty.

The proceeds will be remitted to the Scottish Consolidated Fund which is used to invest in a wide range of sporting, cultural, educational and mentoring activities for children and young people through the CashBack for Communities programme.

“The sum recovered by the Civil Recovery Unit represents financial gains from mortgage fraud, theft and credit card fraud,” said Linda Hamilton of the Civil Recovery Unit. “The CRU will continue to use civil recovery proceedings to target assets which have been obtained through crime.”

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