[2013] EWCA Crim 1275

In confiscation proceedings based solely on an offence of obtaining a mortgage loan by deception, the judge had erred in concluding that the criminal lifestyle provision in the Proceeds of Crime Act 2002 s.75(2)(c) was satisfied. The offence was not an ongoing one within the meaning of the subsection, having been completed upon the transfer of the money, and the fact that the mortgage had thereafter been serviced from the proceeds of a contemporaneous conspiracy to defraud was irrelevant.

CA (Crim Div) (Treacy LJ, MacDuff J, Dingemans J)

28/06/2013

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