Wednesday, October 28, 2009

Safety Deposit Box Dragnet in UK

Imagine having your assets confiscated, and having to prove exactly how you accumulated them over a lifetime to get them back.
Don't think even for a second that this could not happen here. We have plenty of laws that would enable such a thing, from RICO, to the Patriot Act, among others.

In all, more than 500 officers had gathered to receive orders to raid smart addresses in well-heeled parts of the capital. The locations included three of Britain's largest and most well-established safety-deposit box depositories in Edgware, Hampstead and Park Lane as well as an office and the homes of the three directors of Safe Deposit Centres Ltd, which owned the vaults - two in Hampstead and one in Barnet. 

Under POCA, the burden of proof lay with the box-holders. Finding evidence for wartime treks across Europe, or charting migration stories from the Partition of India and beyond, would cost many of the box-holders tens of thousands of pounds.
Mark Richardson, a former military intelligence officer and now a forensic accountant, who has been employed by several box-holders to explain their wealth, told us: 'We had to get one family's diamonds carbon-dated at great expense to demonstrate to the police that they had been cut in the Thirties, which tallied with their story of fleeing Germany before World War II.'
Lawyer Sara Teasdale, of City practice Roiter Zucker, whose client had kept more than £900,000 in his box at the vaults in Edgware as cash flow for his business leasing black cabs, said: 'The police are "deep-pocketing" - hauling people through a protracted legal process that they know is so costly that most will roll over.' 
Of the 6,717 boxes targeted by detectives in the biggest raid in the Met's history, just over half were occupied. And of those that were full, 2,838 boxes were now handed back, a figure that represents 80 per cent of the number of boxes seized.
Eight out of ten box owners were provably innocent. Taylor said: 'Of the £53 million in cash that the police took, £20 million has also been given back and £33 million is now being referred to as "under investigation", of which only £2.83 million has been confiscated or forfeited by the courts.'

This figure represents just over five per cent of the total money stored in the vaults, although the Met has 690 ' suspect' boxes that it is still investigating.
That means of the total number of boxes, around ten per cent are being probed for villainy, a long way from the nine out of ten cases the Met surmised they would find while wooing Judge Macrae. 

And look- they had asset seizure quotas:
Warning that the police were lagging behind in meeting targets set to seize criminals' assets, it stated: 'To achieve the target a further £36.6 million of assets need to be seized in the remaining nine months.' This was 'a challenging target'. However, 'with the emerging results from Operation Rize, the seizures are likely to make a major contribution toward the final total.'

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