Drug dealer’s inheritance confiscated to repay his criminal earnings

David Rush, 50, plead guilty in April 2006 to involvement in the supply of cocaine, which triggered a proceeds of crime case against him to recoup any illegal earnings.

During the course of the Crown’s financial investigations, it was estimated that his total benefit from criminal conduct over the preceding years had been £93,640.

However, the estimated value of his assets in 2006 was only £1,636, and in November that year an order was made to confiscate that amount.

Over the following months, all property known to the Crown was sold for a total of £1,213, and on 3 August 2007 the order was reduced to that amount to reflect the fact that the accused had no further assets to sell.

However, the Crown continues to review cases where there have not been enough assets available at the relevant time to pay the whole value of the accused’s benefit from crime.

It was later uncovered that he had inherited a property worth £35,000 in 2005 which was not revealed during the original asset check due to the manner in which the property had been registered in another individual’s name.

When this was discovered steps were taken to return the case to court, and after protracted legal proceedings the Crown has successfully applied to raise the order from £1,213 to £36,213.

Should further assets be identified in future, the Crown said it will continue to seek to raise the order until he has paid the full £93,640 of his illegal earnings.

Speaking after the hearing, Lindsey Miller, procurator fiscal for organised crime and counter-terrorism, said: “In 2006, Rush was found to have made tens of thousands of pounds illegally.

“However, he only had enough assets available to repay just over £1,200 of that total.

“When we later uncovered further assets belonging to the accused, in this case the inheritance of a £35,000 property, we took steps to recoup the entirety of those funds back to the public purse.

“The funds recovered will be provided to Scottish Ministers for use in local communities across Scotland.”