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12/08/2005

Record confiscation order awarded against convicted DVD pirates

A record confiscation order, resulting from the importation and sale of pirated DVDs, has been awarded against two men who were imprisoned for the crimes in 2004.
The subsequent detailed financial enquiry carried out by Judge Bing into their assets has now concluded with both Dino Simms, (jailed for two-and-a-half years on pleading guilty in 2004), and Sidney Austen, (jailed for 4 years in 2004), being served with confiscation orders to the value of £600,000 and £800,000 respectively.
Originally caught selling imported illegal DVDs in East Street Market, Barking, by Waltham Forest Trading Standards officers in March 2002, Simms, of Malaysian origin, was found to be in possession of 3,500 pirated DVDs. He was bailed during a subsequent search of a property, following an apparently unrelated arrest of a man on charges of credit card fraud, Simms turned up carrying large quantities of pirated DVDs. He was re-arrested.
The arrest of Sidney Austen followed when Essex police in Harlow suspected Austen of being drunk in charge of a vehicle - the vehicle was found to contain quantities of pirated DVDs.
In a combined operation by Essex police and FACT, an address given by Austen was searched and during this search, at 2.00 am, the already unlucky Dino Simms arrived, once again in possession of quantities of illegal DVDs, and £10,000 in cash.
At a further address, the Thai girlfriend of Sydney Austen was found, along with £35,000 in cash. Records of a Thai bank account in the name of Sydney Austen showed the accused to have £125,000 in the bank in Thailand. Though all were arrested, all were bailed.
Following this bail, a further address given by Simms was searched, and though no illegal DVDs were found, police uncovered cocaine, £43,000 in cash and a false driving licence and a false birth certificate.
Commenting on the successful outcome to this enquiry, Raymond Leinster, Director General of FACT, said: “We are naturally delighted at the outcome of this case, which is both the result of excellent collaboration on the part of the investigative and enforcement agencies involved and the conscientious, incisive financial investigation carried out by Judge Bing.
This case recognises the huge gains criminals can make from pirated DVDs, and the equally huge risks they are running in terms of their liberty and their financial wellbeing as more and more people recognise the true nature of this crime.”
In calculating the repayments due Judge Bing has included the tangible assets, including equity in their homes, and illegal gains calculated on the basis of their transactions during an 18 month period. They have eight months in which to sell their properties and three months in which to find the balance of the money owed.
Should either of the accused decide not to release the money owed under the confiscation order to the Crown, they face up to a further five years imprisonment.
(GB)
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