Retrieval of an unrelated item seized into Police evidence
Retrieval of an unrelated item seized into Police evidence
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jonamv8

Original Poster:

3,280 posts

195 months

Wednesday 12th February 2020
quotequote all
Hi

Helping a friend try and get his watch back from the Police. They seized it as part of an operation looking at his business, assume they thought it was proceeds of crime but it was bought years before the business was even started. He has purchase documentation and a bank statement showing the cash withdrawal on the day he purchased it.

Watch was purchased in early 2016 as shown on documents.
Business that Police are looking into started trading in 2019.

He's asked how I would approach the matter, would anyone with any experience care to comment? Should he instruct his solicitors to contact the police or speak to them himself? Apparently he has the contact details for the officer in charge of his investigation but he is unsure how to approach it. If he can prove it is unrelated then are they holding it unlawfully?

Any advice will be gratefully passed on as the watch has real sentimental value.

Thanks

Reciprocating mass

6,057 posts

270 months

Wednesday 12th February 2020
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Graveworm

9,225 posts

100 months

Wednesday 12th February 2020
quotequote all
They are unlikely to be holding it solely as proceeds of crime. A good starting point is to contact the OIC and say can he have his watch back, if they say no ask why they need to retain it.

anonymous-user

83 months

Wednesday 12th February 2020
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As above, then if that's unsatisfactory then the solicitor can get involved.

4rephill

5,167 posts

207 months

Wednesday 12th February 2020
quotequote all
jonamv8 said:
Hi

Helping a friend try and get his watch back from the Police. They seized it as part of an operation looking at his business, assume they thought it was proceeds of crime but it was bought years before the business was even started. He has purchase documentation and a bank statement showing the cash withdrawal on the day he purchased it.

Watch was purchased in early 2016 as shown on documents.
Business that Police are looking into started trading in 2019.

He's asked how I would approach the matter, would anyone with any experience care to comment? Should he instruct his solicitors to contact the police or speak to them himself? Apparently he has the contact details for the officer in charge of his investigation but he is unsure how to approach it. If he can prove it is unrelated then are they holding it unlawfully?

Any advice will be gratefully passed on as the watch has real sentimental value.

Thanks
Hmmm....... Did he have another, very similar business in 2016, under a different name? scratchchin


poo at Paul's

14,611 posts

204 months

Wednesday 12th February 2020
quotequote all
why would you draw cash from a bank to buy a watch in 2016? Was it a pricey watch or a £30 jobbie?

rallycross

13,749 posts

266 months

Wednesday 12th February 2020
quotequote all
poo at Paul's said:
why would you draw cash from a bank to buy a watch in 2016? Was it a pricey watch or a £30 jobbie?
Money laundering is one good reason to do just such thing.

dhutch

17,765 posts

226 months

Wednesday 12th February 2020
quotequote all
Sounds a stty situation for him, but then given there is no suggestion that he is wrongful accused of underhand business operations, to an extent he has bought it upon himself?

jonamv8

Original Poster:

3,280 posts

195 months

Wednesday 12th February 2020
quotequote all
4rephill said:
Hmmm....... Did he have another, very similar business in 2016, under a different name? scratchchin
No not that I am aware of

jonamv8

Original Poster:

3,280 posts

195 months

Wednesday 12th February 2020
quotequote all
poo at Paul's said:
why would you draw cash from a bank to buy a watch in 2016? Was it a pricey watch or a £30 jobbie?
Few K I think so valuable. It was a private sale so both buyer and seller wanted a cash transaction for ease and speed I assume

Brads67

3,199 posts

127 months

Wednesday 12th February 2020
quotequote all
rallycross said:
Money laundering is one good reason to do just such thing.
You do know how laundering works ?

Drawing it out the bank to buy the high cost item kinda defeats the purpose.

jonamv8

Original Poster:

3,280 posts

195 months

Wednesday 12th February 2020
quotequote all
rallycross said:
poo at Paul's said:
why would you draw cash from a bank to buy a watch in 2016? Was it a pricey watch or a £30 jobbie?
Money laundering is one good reason to do just such thing.
I suppose that this makes sense as to why the Police took the item it but it was purchased years before any allegations were made or the business even trading. That's why he wants to approach the Police with the relevant documentation in an effort to get it returned to him. He's just unsure how to.

Appreciate the responses with some suggestions I have passed these on. Thanks PH

jonamv8

Original Poster:

3,280 posts

195 months

Wednesday 12th February 2020
quotequote all
Brads67 said:
rallycross said:
Money laundering is one good reason to do just such thing.
You do know how laundering works ?

Drawing it out the bank to buy the high cost item kinda defeats the purpose.
LOL - I'm told that the funds were withdrawn from his savings account at a high street brand on the day that he bought the watch. The savings account consisted of money that had been earned through his job with the relevant PAYE paid on it

fredhead

90 posts

91 months

Wednesday 12th February 2020
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Just asking for a friendyes

Jamescrs

6,388 posts

94 months

Thursday 13th February 2020
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I suppose the issue will be looking at it from a Police point of view is that as it was a claimed private sale/ purchase I make the assumption that your friend will produce a bank statement showing a cash withdrawal for whatever amount and some kind of hand written or maybe typed receipt from a private individual?

The issue therefore will be the receipt could be bogus and knocked up yesterday and there is no direct link between the cash and watch?

I appreciate I make a couple of assumptions there but I think your friend is going to struggle while the investigation continues.

As said above speak to the investigating officer, a Solicitor will have no more influence on them than your friend asking directly, only difference is a solicitor may bill your friend for the time.

Algarve

2,102 posts

110 months

Thursday 13th February 2020
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If he gets convicted of the 2019 offence and there are proceeds of crime issues, you could still be saying cheerio to a watch bought in 2016.

carreauchompeur

18,321 posts

233 months

Thursday 13th February 2020
quotequote all
Algarve said:
If he gets convicted of the 2019 offence and there are proceeds of crime issues, you could still be saying cheerio to a watch bought in 2016.
Yep, exactly this. If they succeed with criminal charges for something there may well be a proceeds of crime confiscation/asset recovery order and a pricey watch would form part of this.

RB Will

10,841 posts

269 months

Thursday 13th February 2020
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Don't know if police / CPS can do stuff like this but could it be that if they are investigating dodgy dealings from 2019 they may be assuming that this isn't his first rodeo so are keeping the watch for investigation in case its originally stolen or something? Is buying a used watch off a stranger for a few £k normal practice? did the watch come with docs to prove it was bought legitimately?

dibblecorse

7,599 posts

221 months

Thursday 13th February 2020
quotequote all
RB Will said:
Is buying a used watch off a stranger for a few £k normal practice? did the watch come with docs to prove it was bought legitimately?
Happens all the time on the watch forum I use.

jonamv8

Original Poster:

3,280 posts

195 months

Thursday 13th February 2020
quotequote all
carreauchompeur said:
Algarve said:
If he gets convicted of the 2019 offence and there are proceeds of crime issues, you could still be saying cheerio to a watch bought in 2016.
Yep, exactly this. If they succeed with criminal charges for something there may well be a proceeds of crime confiscation/asset recovery order and a pricey watch would form part of this.
The allegations are made for business activities for a business that didn't start trading until 2019 so the authorities won't be looking into anything before that I don't think but I could be wrong, or he could be withholding something from me so who knows.

I naively thought that anything he purchased out of funds that he had earned through a job and paid tax on would be safe?