More than £1m has been forfeited from criminals in Scotland so far.
A total of £1,000,545.63 has been forfeited since the introduction of the Anti Terrorism Crime and Security Act 2001 and the Proceeds of Crime Act 2002.
The Civil Recovery Unit has successfully secured the money having taken 38 cases to civil courts throughout the country. In addition a further £927,006 of alleged proceeds of crime has been frozen in bank accounts awaiting court decision.
All money seized and detained a waiting an application for forfeiture under POCA must be placed in an interest bearing bank account and when forfeited the interest thereon goes to the Scottish Executive. Assets recovered and retained in Scotland for initiatives to tackle drugs and to improve communities that have been undermined by serious and organised crime.
What they say
The Lord Advocate, Colin Boyd QC, said: "Everyone within our communities is benefiting from our continued success in recovering money obtained through criminal activity.
"Some of the recovered money will be put back into community-based initiatives and criminals will be getting the message that ‘crime does not pay’.
"By working closely with the Police, Customs and Excise and other law enforcement agencies, the Civil Recovery Unit will continue to recover the proceeds of crime from criminals operating within Scotland."
The Lord Advocate is the Scottish Minister responsible for the operation of the Civil Recovery Unit. The cash forfeiture provisions came into force on 31 December 2002 and civil recovery on 24 February 2003. The Civil Recovery Unit along with the Financial Crime Unit of the Crown Office and Procurator Fiscal Service are responsible for confiscating assets obtained through criminal activity.
A cash seizure is the initial taking of the money and a forfeiture is where the Court makes an order for the money to go to the Scottish Consolidated Fund. Seizure and detention are interim until an award of forfeiture is made.
There have been 38 forfeitures ordered by the courts in Scotland. Of those applications, 26 were unopposed. Four were originally opposed but later resulted in a decree in absence when those involved failed to turn up at court or comply with a court order. Six cases have been settled out of court where the person from whom the cash has been taken has been able to establish that at least part of the seized monies is not recoverable property. Half of the assets recovered from the proceeds of crime will be retained in Scotland to repair some of the damage done to communities which have suffered as a consequence of drug dealing and other serious crimes.
