Friday, June 12, 2015

LORD CASHVOCATE: Proceeds of Crime figures ‘now part of manipulated crime stats’ as figures reveal crooks receive more in legal aid than Crown Office takes in Cashback for Communities

Cashback for Communities eclipsed by legal aid to crooks. A RECENT Public Relations campaign by Scotland’s Crown Office & Procurator Fiscal Service (COPFS) to promote cash taken from criminals via the Proceeds of Crime Act (POCA) - has been blown out the water after it emerged convicted crooks are costing taxpayers more than what prosecutors claim is returned to communities in asset seizures.

Today, the Scottish Legal Aid Board have revealed yet another convicted criminal who recently featured in publicity surrounding cash seizures from crooks – actually received more in publicly funded legal aid for his defence - than amounts of crime cash prosecutors claimed he had been ordered by the courts to repay.

Information released in response to a Freedom of Information request revealed Margaret Paterson – the Edinburgh madam who made a fortune running a £1.2m prostitution racket and was hit with a crime cash payback order for £1million  – actually received £144,802.50 taxpayer funded legal aid.

Her business partner – Robert Munro – who was hit with a crime cash payback order for £96,836 – received £147,370.12 of taxpayer funded legal aid – leaving public coffers £50K out of pocket

However, the true costs to taxpayers of the two cases referred to by the Legal Aid Board today may be significantly higher – according to a legal aid insider who told DOI earlier today: “factoring in legal aid, Crown Office legal fees, administration and court time, prosecution in the cases referred to are clearly over the £1million mark, so, there is in effect no cash back to communities from these cases.”

He described Proceeds of Crime figures as “little more than a myth which does not stand up to scrutiny when unbiased accounting is applied.”

The reality of Proceeds of Crime statistics and figures run counter to Press Releases and comments issued by Crown Office stars such as Lindsey Miller, Procurator Fiscal for Organised Crime and Counter Terrorism – who claimed after the court hearing on Munro & Patterson: "Today we have removed a vast amount of criminal earnings from organised crime groups operating right across Scotland.”

Miller went on to say: "These cases show the tenacity of law enforcement and prosecutors in pursuing the thing that is most important to criminals – their money.

In a Press Release from Police Scotland after the Proceeds of Crime orders against Paterson & Munro, Detective Chief Inspector Kenny Gray said: "These Confiscation Orders are some of the largest in Police Scotland's history and they send out a very clear message to organised criminals everywhere that we will do everything in our power to ensure they do not benefit from illegal gains.”

However, with legal aid, costs of prosecutions and huge salaries of Crown Office admin & prosecutors, legal insiders are in little doubt regular announcements of Proceeds of Crime cash seizures now form part of manipulated crime statistics published by politicians in attempts to justify billions of pounds spent on what has become a justice industry for lawyers, prosecutors and the courts.

Other cases where Proceeds of Crime figures have fallen far short of reality have also emerged - such as jailed tax cheat Michael Voudouri.

Voudori, who fled to Cyprus in 2012 after admitting his guilt in an £11.6 million money laundering scam – claimed VAT on bogus transactions in what judges described as a "complex money laundering operation", moving the money out of the country into foreign bank accounts.

He set up companies in the US and the British Virgin Islands to conceal the funds, before funnelling them back to Scotland to buy a house and fund a designer clothes business in Stirling.

Voudouri was eventually extradited back to Scotland where he is now in jail. He was also hit with a £207K Proceeds of Crime order in May 2015.

However, it was revealed Michael Voudouri has cost taxpayers over £600K in publicly funded legal aid.

Figures obtained from the Scottish Legal Aid Board (SLAB) revealed legal teams working for Voudouri have been paid £509,000 since 2009 and £79,000 was handed out for his 2004 trial. The sums are almost certain to rise as further costs are still to be added.

SLAB said the money was paid out to his defence team and for lawyers’ expenses. A spokesman said: “When Michael Voudouri’s legal aid was granted, the courts decided whether to grant legal aid for applicants being seen in the High Court or by a sheriff sitting with a jury.

“Responsibility for granting legal aid for these matters transferred to SLAB in November 2010 and we apply stringent tests which assess whether the applicant is financially eligible.”

The costs of Voudouri’s legal aid - on top of huge  costs of prosecution, investigation, and extradition from Cyprus back to Scotland of well over £2 million – leaves Prosecutors little to brag about if the true figure of bringing him to justice ever became known.

Proceeds of Crime figures regularly presented by Scotland’s top legal officers to the public as ‘crime successes’ do not add up, and are now beginning to anger even some in the crime fighting camp such as hard up budget strapped cops - who do all the leg work investigating & apprehending crooks - only to see big time prosecutions of major criminals hawked away in plea bargains and carefully spun out press releases presented by overpaid prosecutors on £100K + a year to a duped public.

Earlier this year, amid concern from Scotland’s top cops they were not seeing any of the supposed millions confiscated by the Crown Office, Police Scotland announced it was seeking £16 million over the next two years from the money recovered under the Proceeds of Crime Act (Poca) to help plug its funding gap for the next two years.

Police Scotland is facing shortfalls in its budget because of delays in receiving cash under proceeds of crime (Poca) legislation.

Chief Constable Sir Stephen House told members of the Scottish Police Authority (SPA) in February that in many cases there was a "degradation" of value in the assets actually handed on.

He described the amount received by the force as "disappointing"

However, Police Scotland’s bid for £16m over two years roughly matches the entire current income from POCA which saw a drop in takings during 2013-14, receipts totalled £8m, down from £12m the year previously.

The Crown Office have offered no comment on how Proceeds of Crime figures are currently presented to the public and the media.

24 comments:

Anonymous said...

How about taking some cash back from the Cashvocate club?

Anonymous said...

Keeping all the lawyers in business with legal aid they probably give the cashback to the lawyers too

Anonymous said...

Oh yes poor Chief Constable sitting there watching all this cash flow back and forth between crooks and Crown Office.It must hurt!
On the other hand better giving it to cops than dodgy lawyers and the crown club?

Anonymous said...

There's lies, damned lies......and statistics!

Anonymous said...

In a Press Release from Police Scotland after the Proceeds of Crime orders against Paterson & Munro, Detective Chief Inspector Kenny Gray said: "These Confiscation Orders are some of the largest in Police Scotland's history and they send out a very clear message to organised criminals everywhere that we will do everything in our power to ensure they do not benefit from illegal gains.”

Really Mr detective chief inspector?

If this is the case go and read the legal aid report on Niels Lockhart in the previous post and do something about it.
I am sure Mr Cherbi and his colleagues in the media will be all too willing to give you a platform if you start going after legal aid cheat lawyers who take millions from taxpayers over the same length of time as the crooks do!

Anonymous said...

" legal insiders are in little doubt regular announcements of Proceeds of Crime cash seizures now form part of manipulated crime statistics published by politicians in attempts to justify billions of pounds spent on what has become a justice industry for lawyers, prosecutors and the courts."

Yes exactly.Where does all this money really go?It goes back into the hands of politicians lawyers and their own kind and yet we are meant to swallow lies about cash from criminals doing good for the community.How much good did the legal aid do for the community when it was spent on Voudouri and the rest?

Answer that one Lord Cashvocate Mr Mulholland

Anonymous said...

Stephen House is on the right track when he said there was a "degradation" of value in the assets actually handed on.. as in Crown Office lying their heads off to all and sundry.

Anonymous said...

If they counted up the legal aid against proceeds of crime capers the actual returns will be in pennies so no surprise they do not want to give any comment or reaction about this.

Crown Office mantra is keep spinning the lies and bully anyone who writes the truth.

Anonymous said...

£1 for the Public Purse, £1 for us?

£1 for the Public Purse, £1 for us?

£1 for the Public Purse, a Fiver for us?

And so on

Anonymous said...

Well the crooks will be having a laugh at this because they are guaranteed criminal legal aid no matter what.

BUT who are the REAL crooks here?Gotta be the lawyers because it is them who are taking the legal aid money anyway!

Anonymous said...

' - only to see big time prosecutions of major criminals hawked away in plea bargains and carefully spun out press releases presented by overpaid prosecutors on £100K + a year to a duped public.'

Of course, we know that plea bargaining is a criminal offence in Scotland but we know that Crown Office lawyers do this with such regularity it is like spreading jam on a piece of toast?

Anonymous said...

The Scottish Justice System has been changed over time by the Law Society of Scotland, so that the whole function of the system is concerned with creating unlimited wealth for Scottish lawyers?

The crooks have become nothing other than their bread and butter, whereby the same old same old crooks are wheeled in through the court system on a never ending carousel, who's function it is to create business for Scottish lawyers to charge ever increasing fees?

The same names and faces get put through their system only to be spat out again so that they can be habitually arrested again in order to promulgate multiple fees?

It has long since been nothing to do with justice and is all about the cash?

It has become almost irrelevant who individuals are because they are just like actors fitting into a role the court has prepared for them, whereby they are fulfilling their purpose by allowing Scottish lawyers to screw as much money as possible from the Scottish Tax Payer?

You often hear references made about Scottish lawyers complaining about the 'low' fees they get for Scottish Legal Aid work but this is nothing other than an attempt to pull the wool over our eyes because it is the case that Scottish lawyers are licking their lips at the mere mention of the SLAB because it is a not too well hidden secret that the Scottish Legal Aid Fund is often referred to by Scottish lawyers as, 'their Mercedes Fund' or 'their Private School Fees Fund' or 'their French Holiday Fund'?

The reason for their glee and for their frothing at the mouth is that they know that they can charge what the like, knowing that the SLAB couldn't give a hoot if they have defrauded the Fund, safe in the knowledge that the Law Society of Scotland are in control of the Scottish Legal Aid Board and that they actively facilitate this perennial fraud for the self enrichment of Scottish lawyers?

Anonymous said...

It seems that the Crown Office have been influenced by The Lord Gill School of Secrecy, when it comes to being unaccountable about these secret cash stashes?

Where is the transparency?

Who's grubby mits are on this cash?

What is this cash being spent on? Crown Office staff bonuses? New flash cars? First Class flights to USA to visit the FBI and CIA?

A slush fund for ex Government employees, so that they do not have to pay for Legal Fees in court cases?


It seems a no brainer that a Standards Authority needs to be created, where this money is paid directly into so that their is proper accountability and transparency because under the present system it appears as though Scottish lawyers once again are looking after their own instead of the Scottish Public?

Anonymous said...

This brings an entirely new meaning to the phrase "cash in hand"

Anonymous said...

Someone should be asking how many lawyers and judges were clients of the tricks run by this madam and her business team!

Anonymous said...

Oh well at least now we know the whole Proceeds of Crime thing is just more lies from the legal club.Why do people fall for it in the first place?If stop/search and all other crime figures are manipulated then not really much chance of honesty in any other Crown Office announcements is there..

Anonymous said...

Without transparency to track where these monies are routed to, then we are left with the same unpalatable truth, where we have to take the "Word" of a Scottish lawyer that they are telling the truth?

This is akin to an executioner sharpening his axe blade, while your head is on the chopping-block, saying that he is just going to give you a short cut back and sides of a haircut?

Trusting the "Word" of a Scottish lawyer is guaranteed to seriously damage your health?

Anonymous said...

So the legal aid board are now paying proceeds of crime fines!

You just couldn't make it up!

Anonymous said...

Correct.Poca is a headline grabbing exercise.Nothing less.

Anonymous said...

If you are collecting POCA stories you can add in some corrupt work contracts and failed bidders being paid off to keep quiet
Also heard some of the money went on lawyers fees over a bent cop and some school event

Anonymous said...

Did you notice after you tweeted the G7 corruption thing and linked it to rotten judges it went right off the Cameron menu.Wonder why!

Diary of Injustice said...

@ 15 June 2015 at 17:09

More details please to the team.

@ 15 June 2015 at 22:11

Don't think it was a serious proposal from DC anyway ... just another weekend PR headline event however yes it did slip off G7 scene very quickly...

Anonymous said...

Hmm in that case you should attend the G7 more often:)

Anonymous said...

LOL Lord Cashvocate

so fitting!