The Serious Organised Crime Agency (S.O.C.A – is there a non serious version?) will publish the names of 22 convicted fraudsters, drug traffickers, money launderers and others online in an attempt to prevent them from reoffending. The agency has further plans to release more names over the year in order to send a signal to repeat offenders that they are being watched.

In a move that is likely to provoke panic amongst civil liberty groups and an increase in twitchy curtains, S.O.C.A hopes that the public will get involved in not only identifying these people but to also report any signs of sudden acquired wealth.

Ken Pandolfi, the head of Centurion (S.O.C.A’s career monitoring programme) said:

“The traditional law enforcement approach is investigate a case, secure a conviction and move on to the next job. But that ignores the high level of repeat offending. Now, for the right people, we will impose ‘lifetime offender management’. If we think you pose a continued threat from prison or upon release, you will go on our books and stay on our books until you are no longer a threat. That could mean you are on our radar for decades and decades.”

Mr Pandolfi continues -

“By making the names public we want to enlist the help of the public in monitoring them. Public information on their lifestyles — has one of these people got a new sports car parked outside his house? — will help us.”

This move fits in nicely with David Camerons’ ‘Big Society’ idea or the abbreviated E.F.H concept (Everyman for Himself) that has proved popular under Conservative governments.

Criminal Defence Solicitors have already been challenging similar orders (such as those that seek to restrict association with other like minded offenders and the use of mobile phones) in court and this will no doubt increase, with up to 100 names set to be published this year. Essex police have already had a similar idea overturned in court under the Human Rights Act, over a breach of privacy, when they put up posters of repeat offenders in 2003.

It remains to be seen whether or not this scheme will be a success in deterring repeat offenders. One potential issue could be over vanity with some offenders unhappy at not being on the list. For the CPS and solicitors the more worrying trend of potentially unreliable witnesses could be a factor (especially with new car envy).

I believe the Latin terminology for both S.O.C.A, repeat offenders and the public is “aut viam inveniam aut faciam”.

An update regarding the login details for solicitors and the RaPID scheme – now with added helpdesk:

Additional Portal Support Services

A further Helpline has been put in place to assist users having log in problems or where passwords are not working.  The Helpline number is: 0207 265 5753 and will be manned from 9-5pm, by IDSL.

The helpline has been set up in addition to the email support available at supportATrtapiclaimsprocess.org.uk  All queries emailed to the support address will receive a specific response within 24 hours.

For technical queries please email helpATrapidclaimsettlement.org.uk

Registrations Update

Work continues to clear the registration back log, and IDSL acknowledges the frustrations caused by the delays. In recognising concerns over the delay, an extra independent project resource has been tasked to investigate and assist in redressing the backlog. As a result of the initial work, previous information on timeframes for clearing the backlog require revising, and work is underway to provide a concrete timeframe for clearing the remaining backlog.

In addition, it was identified that a batch of logins were issued 12th May, which included some incorrect details, resulting in some passwords not working. This was due to an administrative processing error which has since been rectified by CRIF. The Administrators of those organisations affected will be contacted by the CRIF Helpdesk to advise when their login details will work, and it is anticipated that this will be completed by Tuesday 24th May.

Please contact the Helpline number above or supportATrtapiclaimsprocess.org .uk as we have found that login detail emails have been caught in the spam filter of some organisations.

All new registrations received from 19th May will take a maximum of 5 working days for log in details to be forwarded.

****IMPORTANT NOTE FROM ABI****

Interpretation of when VAT payable

There are reports that some compensators are refusing to pay VAT on the stage 1 fixed costs in the process, instead stating that this is payable in stage 2. The Civil procedure rules for the process (at rule 45.29 (6)) refer to VAT being payable on the fixed costs listed in Table A. this should be interpreted as meaning that VAT is payable at each stage, rather than an alternative interpretation. Claimant and defendant stakeholder representatives are agreed on this and advise that the practice of refusing to pay VAT on stage one costs is an incorrect interpretation of the rules.

Although it is reassuring to note that a back log has been acknowledged, it’s perhaps not so  if you were either a) sent the incorrect Login details b) your email was marked as Spam.

By Stephen Higham, solicitor

I have already blogged about the number of issues caused by the new system for PI solicitors, insurers and the Ministry of Justice; (whisper it) ‘RTA’ claims.

The exit-ing government ironically labelled the scheme ‘RaPID’ and (as with most IT schemes set up by them over the years) it has spectacularly failed. The scheme has already been postponed due to the secure website not being completed in time but rather than arranging for all the work to be completed in a timely and usable fashion, only an extra 24 days were granted.

As a result of the government steamroller, road traffic accident claims which occur after 30 April 2010 and fit the criteria must now proceed via the internet ‘portal’. This is a secure website, protected by individual usernames and passwords for solicitors and insurers. Without these log in details, claims cannot proceed.

However, there are a plenty of solicitors who are still waiting for their username’s and passwords to be issued even though the actual scheme has now been mandatory for over 2 weeks.

An e-mail from support@rtapiclaimsprocess.org.uk sent on 13 May 2010 only adds to the confusion. In it, solicitors who have yet to sign up are urged to do so as ‘the normal process can take up to 5 working days for claimant lawyer organizations’.  But in the same e-mail it says ‘For both insurer and claimant organisations who registered before the 30th of April, you can expect to receive your login details shortly’.  So which is it? Over 2 weeks (for those who registered in time) or only 5 working days (for those who didn’t)?

If those running the scheme don’t know what’s happening, what chances have claimant solicitors and insurers got?

The government’s planners also failed to think the practicalities of the scheme through. As a result, accident victims and their solicitors will suffer increased delays and costs, while getting paid less under a new fixed costs regime.

This scheme was an unnecessary, time consuming mistake. It was forced through by an insurance lobby that is relentless in their abuse of innocent accident victims and the pursuit of profit.

I can only hope that things improve quickly. Innocent accident victims have already suffered enough.

It appears that there is some doubt that Gordon Brown or David Cameron know the fundamental of law, as both have made controversial comments over the Legal Aid which has been granted to three Labour MPs to fund their charges of expenses fraud. Whilst I’m not entirely surprised over this – as labour has managed to trample over most of UK citizen’s  civil liberties in their time and the Conservatives will always deflect any matters of policy by saying the opposite of what Labour have said – this does raise the question about the perception of people awaiting trail in the UK.

Gordon Brown said he “believed the MPs would have to pay back the Legal Aid money”, but there is doubt that his claim was legally credible. Brown also commented that “the law has changed, so I think the money will have to be paid back”.
The opposition leader David Cameron has said that the Legal Aid monies where a “complete outrage”, and promised to review the Legal Aid system if he won the General Election to make sure it couldn’t happen again.
Legal Aid has been available for over sixty years, beginning in 1949, to help people seek legal representation and legal advise who were unable to bare the legal fees themselves.

What neither seem to realise is that it will be the trial judge would be the one to make the decision as to whether the monies had to be repaid or not, as pointed out by the Legal Services Commission, (LSC), who also said that the politicians may not have to repay the full amounts.

A spokesperson for the LSC has said that “it makes no difference to the cost to the taxpayer that the MPs have hired top barristers to fight their case because lawyers who take on legal aid cases agree to work for fees far lower than the hourly rates they charge on a private basis”.
Both Brown and Cameron’s throwaway remarks may have overlooked the whole judicial system of  ‘being innocent until proven guilty’ and as the trial has yet to take place, none of the politicians involved have actually been found guilty of fraudulent activities.

The matter of whether they have to pay back all, some, or none of the money is surely immaterial until judgement is passed?

The managing director of KB (Northern) Reinforcements, Ian Tulloch, fraudulently used his company credit card in a lap-dancing bar in London, spending in excess of £100,000 as well as falsifying the company’s accounts to boost profits in his favour to the tune of £73,000 from which he awarded himself bonuses.

However, the firm was actually making losses which was discovered after Greater Manchester Police uncovered a £3 million black hole in the company’s accounts.

After fraud squad investigators delved into Tulloch’s personal finances they found that he had paid £104,000 to the lap-top dancing bar in London using his company credit card.

Mr Tulloch pleaded guilty to one count of fraudulent trading, twenty-nine counts of falsifying company documents along with two further counts of providing a false statement to auditors at a previous hearing; a further two counts of theft were left on file.

He walked free from jail after being sentenced to 12 months imprisonment, which was suspended for two years, ordered to pay £150,000 compensation and also ordered to complete 300 hours community service.

Whilst he walked free, even though he had committed and admitted business fraud, eleven people who worked at KB (Northern) Reinforcements lost their jobs through redundancy due to the company losses.