Scots Law Question - Benefit Fraud and Proceeds of Crime

[JeS10]

Hello,

A friend's friend (yes, really) got done for benefit fraud. As far as I am aware they received some £5k in over-payments and didn't let on. It went to court, and the guy admitted his guilt and agreed to pay the money. The Crown took the money (proceeds of crime) as a judgement of court. The guy thought that was the end of it. However, he received a letter from the benefit folk saying they want their £5k. The bloke (and then our mutual friend) phoned the Crown to query it, and they said "this £5k is our money" we don't pay that to the benefit folk. The guy was under the impression that they would.

So, this came up in a conversation last night and I said that he'll probably have to pay the overpayment back as well, but then that seems more like a 100% fine (which I didn't think they did...)

Advice please so that I can seem intelligent.

[Cognoscenti]

Money that has been illegally acquired belongs to the Crown when the court or the police seize it. They wont begin to pay off his debts with the money they have taken.