Illegal Waste Site Operator Ordered to Pay £179,000 Confiscation Order Under Proceeds of Crime Act
In September, Waste site operator Barry Connally was ordered to pay £179,000 which he had allegedly gained through proceeds of crime when he was the sole director of an illegal waste operation. This provides a stark warning to waste site operators of the potential consequences beyond a criminal conviction of committing similar offences.
Connally operated the waste site without the required environmental permit between March 2013 and December 2015. In June 2019 he was sentenced to 12 months’ custody suspended for 18 months and ordered to perform 160 hours’ unpaid work.
The sentencing judge discovered Connally had prioritised profit and maintained an ‘arrogant approach to the regulatory regime’. Following this conviction, the Environment Agency brought confiscation proceedings to retrieve the proceeds of crime.
In the making of the Confiscation order Worcester Crown Court heard how Connally used Rhino Recycling Limited to conceal his identity as the true actor involved with the illegal waste site. Between March 2013 and December 2015, Connally allegedly obtained over £1,000,000 in criminal benefit from the illegal activities, he was ordered to pay £179,373.36, reflecting the total of his available assets.
Connally also pleaded guilty to contempt of court in relation to the disposition of some of his assets between September 2019 and July 2020 which went against the terms of a court order he had received. For this offence he was sentenced to 4 months imprisonment suspended for 18 months.
Contains public sector information licensed under the Open Government Licence v3.0.
Connally operated the waste site without the required environmental permit between March 2013 and December 2015. In June 2019 he was sentenced to 12 months’ custody suspended for 18 months and ordered to perform 160 hours’ unpaid work.
The sentencing judge discovered Connally had prioritised profit and maintained an ‘arrogant approach to the regulatory regime’. Following this conviction, the Environment Agency brought confiscation proceedings to retrieve the proceeds of crime.
In the making of the Confiscation order Worcester Crown Court heard how Connally used Rhino Recycling Limited to conceal his identity as the true actor involved with the illegal waste site. Between March 2013 and December 2015, Connally allegedly obtained over £1,000,000 in criminal benefit from the illegal activities, he was ordered to pay £179,373.36, reflecting the total of his available assets.
Connally also pleaded guilty to contempt of court in relation to the disposition of some of his assets between September 2019 and July 2020 which went against the terms of a court order he had received. For this offence he was sentenced to 4 months imprisonment suspended for 18 months.
Contains public sector information licensed under the Open Government Licence v3.0.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
