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Director of the Assets Recovery Agency, R (on the application of) v Shen

[2007] EWHC 2580 (Admin)

CO/1282/2007
Neutral Citation Number: [2007] EWHC 2580 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Thursday, 25th October 2007

B e f o r e:

MR JUSTICE MITTING

Between:

THE QUEEN ON THE APPLICATION OF DIRECTOR OF THE ASSETS RECOVERY AGENCY

Claimant

v

SHEN

Defendant

Computer-Aided Transcript of the Stenograph Notes of

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Mr J Lofthouse (instructed by the Assets Recovery Agency) appeared on behalf of the Claimant

The Defendant did not attend and was not represented

J U D G M E N T

1.

MR JUSTICE MITTING: I am satisfied on the material which I have read and the evidence therein contained that this defendant, by fraudulently evading Value Added Tax and money laundering, has acquired criminal proceeds which it is right that the Director of the Assets Recovery Agency should recover by the civil procedure route. Allowing for adjustments for bank charges and interest accrued since February of this year, the total sum in respect of which I make the civil recovery order is £25,862.03. That is to say, all of the sums specified in the claim form, less charges, plus interest. For the avoidance of doubt, excluding any sum in addition to £37.46 in the Nationwide Building Society account 05723626531760.

2.

I make no ruling upon the alternative basis upon which the claim was put, that the defendant's business activity was conducted in breach of immigration law. That matter can be determined on a future date in another case. I rest the order that I make on the simple basis that this defendant has conducted business in a way that has necessarily involved the fraudulent evasion of Value Added Tax and, in consequence, the laundering of the proceeds of that crime.

3.

MR LOFTHOUSE: My Lord, I am very grateful.

Director of the Assets Recovery Agency, R (on the application of) v Shen

[2007] EWHC 2580 (Admin)

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