A retired postal worker jailed for running a whisk

A retired postal worker jailed for running a whisky bootlegging operation from his home has triggered an overhaul of the way the property of criminals is confiscated.

William Hurley, 60, was jailed for 12 months last July for avoiding tax on thousands of bottles of spirits smuggled into the UK.

A judge today ordered that Hurley sells half of his pnds stlg 160,000 south London home – where he lives with his wife and son – to repay pnd stlg 40,000 owed to the Inland Revenue.

Hurley’s initial offer to pay just pnds stlg 3,000 was accepted by HM Customs after he was caught.

The investigating team cited lack of resources to mount a further enquiry, the court heard.

But Judge Quentin Campbell said that this was unacceptable.

Investigations into alcohol and tobacco smugglers’ assets should be made as a matter of course, he declared.

And he would insist that any future investigations into criminals’ assets are carried out by different officers than those investigating the case – preventing any possibility of corruption.

Hurley’s offer of just pnd stlg 3,000 recompense, was accepted until HM Customs officers discovered that his house in Alma Grove, Bermondsey, was worth pnds stlg 160,000.

Judge Campbell said that Hurley had until May 2002 to pay up – or his assets would be confiscated and he would face two years in jail.

In making the order, Judge Campbell said: ‘The fraudulent importation of alcohol and tobacco is a particularly recent offence, leading to vast losses to the Inland Revenue.

‘The reason people commit these offences is because they want to make a bit of easy money.

This court can hardly think of a case where confiscation could not be considered, and it is the principle deterrent for those thinking of offending.

‘

The judge made it clear there was no suggestion the initial decision to not investigate Hurley’s assets was made for corrupt reasons.

HM Customs cited a lack of staff as well as funds that led to the initial acceptance of just pnds stlg 3,000.

But the judge said investigations should be pursued as a matter of course in every case – and by a different team to that mounting the investigation.

‘The chances for corruption if the investigation is left to the investigating team is immense,’ Judge Campbell said.

He said situations could easily occur where a criminal says: ‘Look mate, I’ll give you a few thousand quid.

Will that satisfy you?

And the investigators answer: ‘Yes it will, as long as there’s a few thousand quid for us.

‘

‘If the investigation (of criminals assets) is left to the case investigating teams it lays the temptation open to a corrupt defendant and corrupt customs officers,’ he said.

The judge requested that a transcript of his comments be sent to HM Customs and Excise.

Unless he received a letter explaining the policy has been overhauled from the authority’s head, he would take the matter further.

‘If I’m not satisfied I’ll take this up with the Home Secretary at a higher level.

‘

Hurley, of Alma Grove, Bermondsey, pleaded guilty on 19 July to three counts of fraudulently evading excise duty on alcohol between 31 December 1998 and 27 November 1999.

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