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Make Them Pay

What is the point of arresting drug dealers, burglars, thieves, robbers and money launderers if they continue to live the high life? That used to be the question before the Proceeds of Crime Act 2002, or 'POCA 'as it is known by some people who use it.

This legislation allows the police to apply to the courts to take the proceeds of crime from the offender(s).

The current police campaign 'Too Much Bling' encourages the public to ring in anonymously and report people who are clearly living well beyond their means. Crimestoppers then pass that information to police. A financial investigator will then look at that person's lifestyle and sources of income to decide whether the matter should be pursued. Police will go through the same procedure when they arrest people who may have gained financially from their crime.

The police cannot simply confiscate property and decide that it is the proceeds of crime. There will be a court hearing where they must prove, on the balance of probabilities, that the person is living a criminal lifestyle. If the case is proved the court can order confiscation.

The proceeds of the seized property, if not returned to the original owner, are then deposited in a central government fund. Police services and other law enforcement agencies can then apply to the fund for cash to mount campaigns to fight crime.

In the past, Hertfordshire Constabulary have seized a Ferrari, two Porsches, a Mercedes, expensive clothes, jewellery, cash and even a light aircraft.

The items seized do not have to be the original stolen property. It could be the cash obtained from selling stolen property or drugs, an item swapped for the stolen property or anything which can be linked back to a criminal gain. It may even be laundered money that has been turned into something else, in some cases houses.

Stop these criminals gaining from their crimes by reporting them to Crimestoppers on 0800 555 111. Remember that you do not have to give your name.

What is the Proceeds of Crime Act (2002)?

• The Proceeds of Crime Act was passed in 2002 and gives the police powers to seize property that has been funded through crime.
• With their powers, police can also seize cash that is believed to be the proceeds of crime.
• It is based on the principal that criminals should not ever benefit from crime.
• POCA acts as a deterrent against criminals by removing the drive for crime, i.e profit.

What are the signs that someone is living off the proceeds of crime?

• Anything that seems out of place in relation to somebody's lifestyle. For example, a very expensive car, flashy jewellery and designer clothes, when they have no legitimate way of paying for it.
• Their possessions could be the profits of crime (such as money laundering or drug dealing). Who does POCA target?
• POCA targets those criminals who live off the profits of crime.
• The legislation does NOT target hard working members of the community who lawfully own their goods and property.
• POCA targets the negative role models in society and removes them.
• Prison may often be considered an occupational hazard to criminals, and many can ensure their empires continue to run. POCA disrupts, disables and dismantles criminal activity as it takes away the funding behind it.

Who has POCA targeted in the past?

• The legislation has allowed the police to conduct financial investigations which have seized property from drug dealers, money launderers and con-men.

How have the public already helped the police with this?

• Members of the public have let the police know about people they suspect of benefiting from the proceeds of crime. This information has informed them of people we were not already aware of and allowed us to conduct a financial investigation and arrest people.
• Members of the public have called Crimestoppers anonymously and in the strictest of confidence on 0800 555 111.
• Alternatively, people have contacted the Hertfordshire Constabulary's non-emergency number on 0845 33 00 222 to pass on information.

How you can help Hertfordshire Constabulary

• Tell police in confidence who you suspect of benefiting from crime by calling Crimestoppers anonymously on 0800 555 111 or through Hertfordshire Constabulary's non emergency number 0845 33 00 222.

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