£75,000 Confiscated from Edward Lyons
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
NEWS RELEASE
1 FEBRUARY 2012
£75,000 CONFISCATED FROM EDWARD LYONS
At Glasgow Sheriff Court today, a Confiscation Order for £75,000 was made against Edward Lyons (DOB 14-02-1958).
Lyons, from Glasgow, had previously pleaded guilty to two mortgage frauds and transferring criminal property. He was sentenced to 300 hours community service.
The mortgage frauds were committed when the accused obtained two mortgage loans by falsely claiming that he was self-employed and in receipt of a salary well in excess of his actual earnings. The transfer of criminal property took place when he used money gained through the mortgage fraud to give a £30,000 gift to his daughter Ashley Lyons.
Lindsey Miller, Head of the Serious and Organised Crime Division (SOCD) and the current POCA champion, said:
"Edward Lyons committed two mortgage frauds and transferred criminal property, both of which are serious offences in themselves.
"Transferring criminal property is classed as a "lifestyle offence" under the Proceeds of Crime Act - allowing the Crown to investigate his income over the six years preceding his arrest.
"The court found that £148,793.71 of his income during this time could not be accounted for legitimately. We are satisfied that the £75,000 confiscation order represents the amount of money available to us from Lyons at this time.
"We can also apply to the court to vary the amount of the order should further funds become available, and we intend to make full use of this power.
"Mortgage fraud and the subsequent laundering of the associated free proceeds is often seen by criminals as an easy way to make money. This case should act as a reminder that the Proceeds of Crime legislation is wide-ranging and by committing lifestyle offences under POCA, criminals throw open their entire financial dealings over six years to detailed investigation by forensic accountants, lawyers, and ultimately the court."
Ends
Notes for Editors
1. At Glasgow Sheriff Court on 19 October 2011, Edward Lyons pled guilty to two charges of mortgage fraud, and one charge of transferring criminal property contrary to s327(1)(d) of the Proceeds of Crime Act 2002. The mortgage frauds were committed when the accused obtained two mortgage loans by falsely claiming that he was self-employed and in receipt of a salary well in excess of his actual earnings. The Proceeds of Crime charge arose when the accused transferred the sum of £30,000 to his daughter Ashley Lyons, this sum being part of the net free proceeds from the sale of the property referred to in charge 1, which had been bought with a fraudulently obtained mortgage. Charges under s327 of the Proceeds of Crime Act 2002 fall within the category of 'Lifestyle Offences: Scotland' as detailed in Schedule 4 Paragraph 1 of the same Act.
2. A Confiscation Order is an order made by the court following criminal conviction, to pay a fixed sum of money from the proceeds of crime. An application for confiscation is one of the tools at the disposal of the Crown under the Proceeds of Crime Act 2002 and Proceeds of Crime (Scotland) Act 1995.
3. The Serious and Organised Crime Division works together with colleagues at the Civil Recovery Unit, and other law enforcement agencies, such as the Scottish Drugs Enforcement Agency, UK Police Forces, HM Revenue and Customs and Department for Work & Pensions (DWP) to identify and recover the proceeds of crime.
4. Proceeds of Crime legislation is also used by the Civil Recovery Unit acting on behalf of Scottish Ministers. The Civil Recovery Unit investigates and recovers the property realised through criminal activity of individuals, in the civil courts without the need for criminal conviction.
5. Money recovered under the Proceeds of Crime Act is invested by Scottish Ministers in community projects aimed at alleviating the effects of crime. To date, more than £60 million has been invested in a range of activities for young people through the CashBack programme. Details can be found at http://www.cashbackscotland.com.
6. The Crown Office and Procurator Fiscal Service is a committed member of the Scottish Government's Serious Organised Crime Task Force. The Task Force has a remit to pursue serious organised crime in all its forms by bringing together all agencies involved in tackling organised crime groups. Task Force members include the Cabinet Secretary for Justice, the Lord Advocate, representatives from COPFS, the Scottish Government, ACPOS, SCDEA, HMRC, SOCA and SPS. Details of the work of the Taskforce can be accessed here: http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime.
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