A landmark case has determined when inheritance and assets can be confiscated from people incarcerated in UK prisons.
Because of the severity of his crimes and the amount he had benefited from them, Lance Gray, a 72-year-old drug dealer has had a £23,000 inheritance confiscated whilst he is in prison.
In August 2013, he was arrested and subsequently prosecuted for circulating and supplying the Class A drug Cocaine in Newcastle that was brought into the North East from Liverpool.
Under the 2002 Crime Act for England and Wales, when a person has been prosecuted of crimes that can create a benefit to the individual – crimes like fraud, money laundering, drugs or theft – a confiscation order can be imposed to reclaim some of the money that was accrued through crime.
The Court heard that Gray had benefited from his criminal exploits to the predicted total of £150,800. Having paid an initial fee of £1,294.30, Gray remained in deficit by £149,505.70.
Despite the 673,000 convicted prisoners that benefited from crimes in 2013, only 6,392 confiscation orders were made; of which, Gray was one of them.
Following his 2013 arrest, Gray was set to inherit £23,429.33 in a Will from a close relative. On the 29th October this year, a court also determined that this money was an asset that should be used to contribute to the money Gray had benefited from through his life of crime.
Sarah Robinson, a Detective Inspector who led on the original investigation, said: “Drugs cause misery in communities and those sentenced made large sums as the result of their criminal activities.
“This result, achieved by colleagues in the Regional Asset Recovery Team (RART), demonstrates that if you are involved in crime you will be pursued under the Proceeds of Crime Act and will have to hand over assets later identified as yours.”
Whilst many people benefit from their criminal exploits before they are caught, the ruling will make it easier to recoup more losses in the future.
Are you aware of beneficiaries that have had their inheritance confiscated? Does this present any difficulties and complications for executors?
