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Response by the Cabinet Member: The defendant in this case was found guilty and is currently serving a 7-year default prison sentence for failing to pay the Proceeds of Crime award. He can have the sentence reduced if he sells properties or other assets to pay the Proceeds of Crime Act (PoCA) amount due, which was estimated at just over £1 million. The case remains open however until the Proceeds of Crime elements are settled. Whilst the legal advice is that the properties are now being marketed, the defendant’s wife is currently challenging the “available amount” in the Crown Court. This is adjourned until 5th April and the Council is legally obliged to be represented at this Hearing. The case should be concluded once this challenge has been heard and the properties sold at which point the agreed sum should be surrendered over and recovered by the assets recovery agency on our behalf. A breakdown of the costs and payments received to date is as follows: Details Amount External fees, barristers etc. to date £460K Internal costs, staff to date £254.5K Approx costs of further external fees expected £ 9-10K Approx. costs of further internal resource expected £2.5 K Monies repaid to date £191K via Asset Recovery Agency Further monies anticipated to be received following settlement Circa £600k (may well be more based on property valuations)
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