Man abandons appeal against cash forfeiture by police

A 51 year old man has finally abandoned his appeal against the forfeiture by police of £3,500 cash.

Hugh Scott, 51, of Friary Way, Acton, W3, abandoned his appeal which was due to be heard on Friday 3 July at Blackfriars Crown Court, against the forfeiture by police of £3,500 cash at West London Magistrates' Court on the 28 January this year.

The case dates back to 11 April 2007, when Scott was convicted at West London Magistrates' Court of a £27,000 benefit fraud, following a successful investigation by Hammersmith & Fulham Council's Corporate Anti-Fraud Service (CAFS).

Scott was sentenced to 18 months imprisonment suspended for two years, but attempts by the Local Authority to recover the £27,000 back into the public purse were thwarted when his legal representative advised the court that he had almost no personal assets of value.

Further enquiries by CAFS identified that despite the incorrect information given to the court, Scott was still in possession of almost £24,000 in various bank accounts.

Hammersmith and Fulham's Payback Unit then begun investigating and Scott was arrested on suspicion of perverting the course of justice in June 2007.

Although the CPS was ultimately unable to proceed with the perverting the course of justice case, as it had not been Scott himself, but his representative, who had given the misleading information to the court, the payback unit was able to commence cash forfeiture proceedings in relation to £3,500 cash that had been seized in the raid on his home address.

Scott contested but lost this case at West London Magistrates' court on the 28 January 2009, and subsequently appealed to Blackfriars Crown Court.

Detective Inspector Tony Murphy, Hammersmith and Fulham Payback Unit said "This has proved a long and tortuous investigation as a result of Scott's actions. I am very pleased with the diligence shown by both the Council's Corporate Anti-Fraud Service (CAFS) and the police payback unit in pursuing this convicted fraudster, using every possible means available to them in the criminal courts.

This sends out the strongest message to all fraudsters, and to anyone who thinks they can profit from crime on this borough, that we will do our utmost to ensure their crimes will not pay.

As a result of losing both the original cash forfeiture case and then abandoning his subsequent appeal, Scott will now have to pay a further £1,300 in court costs in addition to losing the original £3,500 cash. The public can also rest assured that they will not have to pick up the tab for his legal action. Although the powers available to the criminal courts have been exhausted, it is understood that the local authority are now actively exploring the possibility of using civil legislation to try to recover the £27,000 in the County Court. "