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OP Tarlac: POCA confiscation order enforced

Imtiaz Khoda had 9 years 8 months added to his sentence for failing to meet his proceeds of crime obligations.

Imtiaz Khoda was convicted on his own admission to conspiracy to launder money when he pleaded guilty at Leicester Crown Court for offences of fraud in October 2016.  He was sentenced in June 2017 to 4 years 6 months imprisonment and disqualified from acting as a company director for 6 years.  

Following his conviction we completed a confiscation investigation under the Proceeds of Crime Act 2002 and in April 2019, a confiscation order was made at Leicester Crown Court for £8,761,222.68.  He was given 3 months to pay the available amount of £4,024,809.38 and was sentenced to a term of 10 years imprisonment if he defaulted.

In August 19 Imtiaz Khoda applied to the Crown Court to have his time to pay the confiscation order extended.  The application was rejected on the grounds he had not made all reasonable efforts to pay the order. 

On 5 September 19 at Birmingham Magistrates Court the confiscation order was sought to be enforced.  Only £212,217 had been paid towards the order; the court found a willful refusal by Khoda to engage in the process.

A warrant committing Khoda to prison for 3,458 days was issued (9.8 years) to take account of the sum already paid.  

The fact the default sentence has been imposed down not expunge the amount payable and interest on theoutstanding amount will continue to acrue. 

Neil Hollingsworth, Financial Investigator in the Economic Crime Unit, Lincolnshire Police, said: "We will contine to ensure the fraudsters convicted of this or any fraud do not benefit from their criminal activity. 

"Fraud investigations are inherently long and complex to investigate and the Proceeds of Crime Act allows any benefit obtained from a criminal lifestyle to be recovered.

 

The full confiscation order detailed:

  • Criminal benefit was agreed in the sum of £8,761,222.68 and an order was made in that amount. 
  • Of the full amount £1,460,128.08 arose from Khoda's direct or particular criminal conduct and the balance was determined from the value of his general criminal conduct, calculated on the application of the lifestyle assumptions set out within the Proceeds Of Crime Act. 
  • KHODA’s available amount was agreed in the sum of £4,024,809.38 and that amount was ordered to be paid. The amount included free property identified that was under the control of KHODA as well as tainted gifts to the value of £1,217,496 made by KHODA to family and friends since the commencement of the criminal investigation and a further amount of £459,596 classed as hidden assets not revealed to the court.

Imtiaz Khoda, aged 46, is a UK national domiciled in the UAE since 1997.  

Note to Editors: Operation Tarlac commenced in September 2011 following a report from the Lincolnshire Partnership NHS Foundation Trust of a fraud to the value of £1,280.814.11. The investigation rapidly grew and encompassed other similar offences across the UK against public bodies and other organisations. The investigation identified losses to the organisations in excess of £12 million.  

Following the sentencing of 12 offenders, for conspiracy to defraud and conspiracy to launder money as well as specific money laundering offences, investigators within our Economic Crime Unit have pursued those convicted for confiscation of their criminal benefit under the Proceeds of Crime Act. 

 

 

 

07 Oct 19 4:00 PM

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