EVIDENCE OF FORGED PAPERWORK AIDED CONVICTION AND CONFISCATION ORDER
Released On 16th Mar 2022
Confiscation Orders were issued earlier this month against two brothers who were successfully prosecuted by the Environment Agency following a fraud investigation.
Jamil and Saleem Rehman were ordered to pay almost £400,000 under the Proceeds of Crime Act (POCA) after being sentenced in January 2020.
Jamil Rehman was the sole director at Electronic Waste Specialists (EWS) and admitted to submitting fictitious claims for the recycling of approximately 10,600 tonnes of electronic waste, with his company receiving payment to the value of £1.48 million from a producer compliance scheme, Weeelight Ltd, an approved authorised treatment facility.
Meanwhile, his brother Saleem admitted one charge of theft from the company.
At the confiscation hearing, Jamil was ordered to pay £295,965.97 and Saleem Rehman to pay £100,000. The orders follow an investigation sparked when the EA became suspicious of the paperwork submitted by EWS.
Commenting on the case, Helen Gregory, Forensic Director at Milsted Langdon, said: “Even if a convicted fraudster admits to their crime, the amount they have to pay back through POCA is dependent on the level of funds flowing through their bank accounts which cannot be explained, regardless of whether the funds can be directly linked to the crime.
“The onus is on the defence to provide evidence of how the money and assets came into their possession. Anything else is deemed to be the proceeds of crime
“Forensic accountants can, therefore, play a critical role in defending POCA cases by exhibiting evidence from the defendants which show the source of funds.”
Helen added that these cases are difficult as often the original criminal case does not require the involvement of a forensic accountant. By only being instructed at the confiscation stage, deadlines can be tight especially if the defendants are already serving a custodial sentence.
