Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB)
This was a case in which Court rejected SOCA’s claims that the defendant was guilty of money laundering and drug trafficking. However, the defendant was found guilty of a number of counts of deliberately providing false information about his income on mortgage application forms.
The Court granted SOCA a civil recovery order under Part 5 of the Proceeds of Crime Act 2002 enabling SOCA to recover the value of the properties where false information had been provided.
In his concluding remarks the judge stated “As the law stands, any person, however otherwise law abiding, may be the subject of a civil recovery order if he makes a deliberately false statement in a mortgage application form. It is important that this be more widely known, and it is desirable that mortgage providers spell out this possible consequence of a misstatement in their application forms.”
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