Judge orders £1m of assets to be seized back from criminal pair

By JOHN ROBERTSON
Published on Wednesday 25 January 2012 12:11

PROSECUTORS have won an eight-year battle to seize almost £1 million of assets from two businessmen, after a judge ruled the pair were deeply involved in organised crime.

Sufficient evidence has not been available to put Russell Stirton, 51, and Alexander Anderson, 54, on trial, but Lady Stacey decided they had been major players in drugs, extortion and money-laundering.

The Court of Session in Edinburgh heard that a third party, who cannot be named for legal reasons, was a friend of Anderson, who once had given him £148,000 in cash to buy cars.

The third party would arrive at the garage in a Bentley to pay instalments, and on one occasion had £15,000 in notes in a Sugar Puffs cereal box.

The assets to be confiscated include homes owned by Stirton in Milngavie and by Anderson in Uddingston.

Chief Superintendent Wayne Mawson, of Strathclyde Police, said: “We note with pleasure the successful outcome to this very long-running and often complex case. The Proceeds of Crime Act offers a valuable tool to law enforcement agencies to see that ill-gotten gains do not remain ill-gotten.”

Ruaraidh Macniven, head of the Crown Office’s civil recovery unit, said the cost of pursuing the court action still had to be finalised, but the judgment vindicated the unit’s assessment that the men held property which had been obtained through a variety of serious crimes.

“The CRU does not shy away from difficult and complex cases. Our focus is on both the disruption of crime and depriving criminals of their assets.”

In early 2004, as part of a major police inquiry, Operation Maple, detectives made dawn raids on a dozen properties, including a petrol station in Springburn Road, Glasgow, and Thomson’s Bar in Springburn Way.

Stirton and Anderson had connections with both, and were arrested and made an initial appearance in court. They were released on bail and no indictment was ever served on them. They claimed there had been a conspiracy against them.

Although someone may not have been convicted of a crime, proceedings in the civil courts can be taken to seize assets that are shown, on a lower standard of proof, to have come from unlawful conduct.

Lady Stacey heard evidence and arguments for 130 days over two years. The case suffered numerous delays.

In her judgment, she said: “The unlawful conduct… proved to have taken place comprises involvement in the importation of controlled drugs and a handgun… extortion of money from Spring Radio Cars (of Glasgow), laundering of money… and fraud on lending institutions.”

Lady Stacey said a director of Spring Radio Cars had been intimidated in the late 1990s and paid £2,800 a month in protection money to a business known as SRS.

Invoices from the business stopped soon after Tony McGovern, Stirton’s brother-in-law and from a notorious underworld family in Glasgow, was shot dead in an unsolved murder in 2000.

Anderson went to see the director and explained that he and Stirton ran a business and could provide “management services”. Following the visit, the director paid invoices of £2,500 a week. The services included “health and safety advice”.

Stirton and Anderson bought 15 Skoda cars for £148,000 and the cars went to Spring Radio Cars, which agreed to pay £4,000 a week for 78 weeks – £312,000.

Lady Stacey said purchase of the cars was money-laundering.

Also, Spring Radio Cars had a loan agreement with Stirton and Anderson. Under the deal, they loaned £265,000 and the total to be repaid was more than £1 million. Some £700,000 was obtained from Spring Radio Cars.

Stirton and Anderson bought the petrol station and developed a large, modern filling station and shop, which took in millions of pounds a year..

Lady Stacey said some of the development cost came from money taken from Spring Radio Cars and some from money raised on Thomson’s Bar.

Both men were stopped on the M74 during a police drugs operation and found to have more than £20,000 in cash. On another occasion, Stirton was seen on the Calais to Dover ferry, when drugs and a gun were being smuggled.

Ill-gotten gains: the money trail

Unlawful conduct included importing drugs and a gun, protection racket, money-laundering and fraud. A firm run by the two men lent £265,000 to Spring Radio Cars. £2,500 plus VAT was to be paid every week for matters including “health and safety advice”.

A second firm and Spring Radio Cars arranged for the sale of 15 Skodas, which the pair bought in cash. The firm was to pay back £312,000. The judge said purchase of the cars was money-laundering.

The purchase was negotiated by a third party, who arrived in a Bentley and once brought £15,000 in a Sugar Puffs cereal box.

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6

KINGFISHER1

Friday, January 27, 2012 at 11:31 AM

RESERVED COMMENTS AT PLUS PLUS AT FORMAL PLUS PLUS. The point is made by 5. While the ECHR is not PROTOCOL COMPLIANT, I am of the view this contravenes Article 6, and Article 1, Protocol 1. GDR.......................

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Colin RB

Wednesday, January 25, 2012 at 01:55 PM

The legal fees, wages are higher than the amount confiscated This is the case where Lord Gelnnie accused the police and crown office of lying and threw out initial cases Surprise surprise no one got perjury charges brought against them- they just asked another judge So in Scotland you can have your assets taken without being a criminal just on the word of a jealous half educated civil servant and the pro establishment judiciary-the petrol station has already been returned to them for being taken under false premises by Crown before. The Crown case is contradicatory -illegal cash going through it but they need a mortgage- I am no acquantance of criminals but the Crown's case sound bent.

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Account deleted

Wednesday, January 25, 2012 at 12:40 PM

I dont understand how they can take their belongings but cant prosecute them for being involved in a crime? If they are taking stuff gained from crime, then surely they were involved in crime in the 1st place?

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aberdingdong

Wednesday, January 25, 2012 at 11:10 AM

Great news of course, But just window dressing. What about the vast organised crime rings destroying this country? All levels, whether it's the scam of the Rumanian beggars on the streets of Edinburgh, Aberdeen etc ( a total racket that nobody will admit to or do anything about ) or the really 'organised' organised crime of the bankers, energy companies, Vodafone et al, and slimy politicians with their numerous offshore Cayman accounts and tax dodges? This is the smallest of small fry on this issue. Don't make us laugh you impotent cowards. Your about as effective as nipples on a bull.

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Willie Boy

Wednesday, January 25, 2012 at 10:09 AM

What a load of tosh when the CRU says that it does not shy away from difficult and complex cases to deprive criminals of their assets. Quite the reverse. Banking theft, rigged energy prices, and a thoroughly rotten corporate environment go completely unchecked. Corporate crime goes unchallenged and it certainly pay as Sir Fred Goodwin shows.

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Navvy

Wednesday, January 25, 2012 at 09:47 AM

Too long but good news all the same

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