This item was published during the term of a previous administration that ended in April 2007
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Confiscation of proceeds of crime
20/05/2005
Two flats were included in an order granted by the Court
of Session recently to recover the proceeds of crime.
This was the first time the Civil Recovery Unit in
Edinburgh has recovered houses. Previous orders only
applied to money in bank accounts.
The properties, in the Ibrox and Carmyle areas of
Glasgow, are both now for sale and the proceeds - estimated
to be over £100,000 - will be paid over to Scottish
Ministers.
In addition, the Court of Session ordered that money in
bank accounts - about £40,000 - and jewellery, including a
diamond-encrusted Rolex watch valued at more than £4,000
new, be handed over to the Crown.
The property and bank accounts were in the name of
Marcus Kelman (34),Waterside Street, Glasgow who, last
summer was acquitted at the High Court in Glasgow on
drug-related charges.
The Court of Session heard that Kelman, who had limited
legitimate income over a number of years, had been able to
buy the properties, and make substantial savings, as a
result of his involvement in crime.
The successful recovery followed a civil action taken by
the CRU under the Proceeds of Crime Act 2002 (POCA)
introduced in early 2003. Prior to the introduction of the
Act only those convicted of a criminal offence could have
assets confiscated. Mr Kelman did not defend the civil
action.
Lord Advocate Colin Boyd QC said:
"This case underlines our determination to recover the
proceeds of crime. The Proceeds of Crime Act was designed
to show that crime does not pay, and this latest case
demonstrates that the new powers are being used to recover
all types of property for the benefit of the public purse.
I welcome the close co-operation between Strathclyde Police
and the CRU which has led to this successful
conclusion."