IT’S CRIMINAL
Gangsters, fraudsters, con artists and their ill-gotten gains are being protected by new data laws
FILTHY rich criminals are keeping their illegal millions secret thanks to new data protection laws.
Their identities are now kept anonymous after they are forced by prosecutors to hand over their ill-gotten gains under Proceeds of Crime legislation. Court bosses insist crooks are entitled to the same protection as law-abiding citizens.
But politicians have insisted that people targeted by the ruthless criminals “deserve better”.
CROOKS who make fortunes from dodgy dealings are being shielded by new data protection laws.
Scots criminals raked in a total of more than £18million this year alone. But the new data rules mean their identities can’t be revealed.
And that will make it easier than ever for the filthy rich crooks to escape justice, an MP has warned.
Gangsters, fraudsters and con artists are among scores of criminals whose identities have been censored by prosecutors.
Tory MSP Liam Kerr said: “Career criminals who have made fortunes have not paid back what they owe.
“Now the process is becoming even less transparent and that will only make it easier for criminals to get away with this.
“Communities which have been ravaged by crime and drugs deserve far better.”
The Crown refused a Freedom of Information request to release the names of individuals dealt with under proceeds of crime legislation this year.
Instead, they provided reams of figures for anonymous cases.
Among those whose names have been redacted from documents is Martyn Fitzsimmons, a member of Scotland’s top gangland mob, callous conwomen Helen Buchan and Carol Wiseman, who pedalled fake cancer treatments and diet pills online, and human trafficker Shamsul Arefin.
The Proceeds of Crime (Scotland) Act 2002 was introduced to help prosecutors seize cash and assets gained by criminals from illegal activity.
Millions of pounds and assets, including luxury houses, cars and expensive jewellery, have been sold at auctions, with the cash raised ploughed into community projects.
Of more than 200 cases dealt with over 11 months between January and November this year, prosecutors calculated that crooks made £18.1million from their crimes. Figures show court orders were made to recoup just £4.3mllion of the cash to reinvest back into communities.
MSPs are concerned about the lack of transparency surrounding proceeds of crime cases.
It emerged this year that the public are banned from being present when such cases are called in Scottish courts.
And the new data rules mean there is even more secrecy.
The General Data Protection Regulation, or GDPR, came into force in May, overhauling how businesses and public sector organisations process and handle data across Europe.
It also boosts the rights of individuals and gives them more control over their information.
The Crown Office and
Procurator Fiscal Service said the same rules apply to criminals and the exemption is “absolute”.
Labour MSP Daniel Johnson said: “People would expect there to be a public record of individuals who have defrauded vulnerable people, as opposed to having their names redacted by the courts service.
“There needs to be a proper explanation as to why these identities are being protected by the service and in what way, if any, that is in the public interest.”
Kerr added: “This legislation was well-intended but it’s not working as it should.”
In January, the Record told how details of dirty money being seized across the country were not being heard in public when
the defendant doesn’t challenge the action.
The Crown said decisions to hold proceeds of crime hearings in private are made by the Scottish Courts and Tribunals Service.
After an action is dealt with in chambers, a judgment is produced and provided to the defender of the action. Only then is a final decree made available to the public.
The Crown’s Response and Information Unit said the refusal to provide details of this year’s proceeds of crime hearings was due to them being bound by the Data Protection Act and the GDPR rules.
A statement said: “Both identify personal data to include criminal convictions and offences. Personal data also means any information relating to an identified or identifiable living individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name or an identification number, location or an online identifier.
“The Proceeds of Crime Act information requested therefore includes personal information. As personal information of a third party, the information is exempt under the Freedom of information Scotland Act. This exemption is absolute.”
Figures released last year by the Crown Office showed prosecutors had confiscated £3.5million – an increase of £1million on the previous 12 months.
The authorities have been keen to show off their success in nailing crooks’ assets in the past.
In 2010, police unveiled a seized £40,000 supercar that was later discovered to have belonged to slain underworld enforcer Kevin “Gerbil” Carroll.
The force turned the Audi Q7 into a squad car and used it as a warning to other career criminals.
The luxury 4x4 was later sold after police sent it to auction, with insiders saying there were concerns for the officers driving the motor.