Mr Stamp Constraint Order

DISOBEDIENCE WITH THIS ORDER IS A CONTEMPT OF COURT WHICH IF YOU ARE AN INDIVIDUAL IS PUNISHABLE BY IMPRISONMENT OR IF YOU ARE A BODY CORPORATE IS PUNISHABLE BY SEQUESTRATION OF YOUR ASSETS AND BY IMPRISONMENT OF ANY INDIVIDUAL RESPONSIBLE

IN THE CROWN COURT SITTING AT SOUTHWARK   N03Lfof 2023 Before His Honour Judge Baumgarten sitting in private Dated: 7th June 2023

IN THE MATTER OF IAIN CLIFFORD STAMP

Alleged Offender

AND

IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002

Restraint Order Prohibiting the Disposal of Assets

TO: Iain Clifford STAMP (the Alleged Offender)

Penal Notice

If you, Iain Clifford STAMP, breach the terms of this Order, you may be held in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this Order and assists Iain Clifford STAMP to breach the terms of this Order may also be held in contempt of court and may be imprisoned, fined or have their assets seized.

Important: Notice To Iain Clifford STAMP (the Alleged Offender)

This Order prohibits you, Iain Clifford STAMP, from dealing with all your assets. The Order is subject to the exceptions contained in this Order. You should read it carefully. You are advised to consult a solicitor as soon as possible. Under Section 9 and paragraph 40 of Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, you may be entitled to legal aid in respect of this Order. Your solicitor will be able to provide you with the appropriate forms. Such application should be submitted to the Legal Aid Agency, Special Cases Unit, 6th Floor, 102 Petty France, London SW7H 9JA. General enquiries may be directed to the telephone helpline: 0845 345 4345. If you have the benefit of a Representation Order, then your solicitor may be able to give you advice and assistance within the scope of that Representation Order. You have a right to ask this court to vary or discharge this Order (see paragraph 15 below). If you do wish to do this, you must serve on the Financial Conduct Authority and all other affected parties a copy of the application and any witness statement in support at least two working days before the date fixed for the hearing. There is an interpretation section at page 10 of this Order.

The Order

  1. This is a restraint order made against Iain Clifford STAMP (the Alleged Offender) by His Honour Judge Baumgarten on 7th June 2023 on the application of the Financial Conduct Authority (“the Applicant”). The Judge read the witness statement listed at Schedule A and accepted the undertakings set out in Schedule B at the end of this Order. This Order was made at an oral hearing and the Applicant was represented by Counsel.
  2. This Order was made without notice to the Alleged Offender. The Alleged Offender has a right to apply to the court to vary or discharge this Order (see paragraph 15 below).

Disposal of or Dealing with Assets

  1. The Alleged Offender must not:
    1. remove from England and Wales any of his assets which are in England and Wales whether in his own name or not and whether solely or jointly owned; or
    2. in any way dispose of or deal with or diminish the value of any of his assets whether they are in or outside England and Wales whether in his own name or not and whether solely or jointly owned.
  2. Paragraph 3 applies to all of the Alleged Offender’s assets whether or not the assets are described in this Order or are transferred to the Alleged Offender after the Order is made, whether or not they are in his own name and whether they are solely or jointly owned. For the purpose of this Order, the Alleged Offender’s assets include any asset which he has the power, directly or indirectly, to dispose of or deal with as if it were his own. The Alleged Offender is to be regarded as having such power if a third party holds or controls the asset in accordance with his direct or indirect instructions.
  3. This prohibition includes the following assets in particular:
    • Money in bank accounts and pre-paid credit accounts
      1. The credit balance in the Lloyds bank account numbered 00699376, sort code 30-99-20 held in the name of Iain Stamp.
      2. The credit balance in the Monzo bank account numbered 15811515, sort code 04-00-04 held in the name of Iain Stamp.
      3. The credit balance in the Barclays bank account numbered 90630462, sort code 20-69-34 held in the name of Iain Stamp.
      4. The credit balance in the First Direct bank account numbered 40615161, sort code 40-47-66 held in the name of Iain Stamp.
      5. The credit balance in the Wise Payments Ltd account numbered 46994866, sort code 23-14-70 held in the name of Iain Stamp.
    • BullionThe entire value of all bullion and funds held in the Bullion Vault account with the client ID: 129416 in the name of Iain Stamp.
    • Cryptocurrency addresses and exchange accounts
      1. The credit balance of all cryptocurrencies and tokens held with Kraken account AA57 N84G CMPC 54UY in the name of Iain Stamp.
      2. The credit balance of all cryptocurrencies and tokens held with Binance account User ID: 366348390 in the name of Iain Stamp.
      3. The credit balance of all cryptocurrencies and tokens held with Coinbase account User ID: 5a4cb7bd9a25baaf25 in the name of Iain Stamp.
    • Vehicle‘Range Rover Sport V6’ VRN A9 EEE registered at DVLA in the name of Iain Stamp.
    • Shareholdings in Companies
      1. The value of the Alleged Offender’s shareholding in CQV Tax.
      2. The value of the Alleged Offender’s shareholding in Creditor Tax Assessments Ltd (Company Number 09183093).
      3. The value of the Alleged Offender’s shareholding in Creditor Tax Filings Limited Rebates (Company Number 074358016).
      4. The value of the Alleged Offender’s shareholding in Creditor Tax Rebated Ltd (Company Number 07111278).
      5. The value of the Alleged Offender’s shareholding in Matrix Freedom Limited (Company Number 14628097).
      6. The value of the Alleged Offender’s shareholding in Iainclifford Limited (Company Number 14593956).
      7. The value of the Alleged Offender’s shareholding in CQV Fiduciaries Limited (Company Number 14704999).

Detention of Seized Property

6. Authority is hereby granted for the detention of any property that may hereafter be seized from the Alleged Offender in connection with the investigation, provided that the property is seized by an appropriate officer under a relevant seizure power within the meaning of section 41A of the Proceeds of Crime Act 2002.

Progress of Investigation

7. The FCA must report on the progress of the investigation 6 months after the date of this Order and every 6 months thereafter, by way of a written update to be served on the Court and the parties listed at the front of this Order, but such requirement shall cease if the Alleged Offender is charged by the FCA in relation to the matters currently under investigation.

Service

8. The FCA shall have permission to serve this Order and the documents identified in paragraph 1 of Schedule B and any further orders or applications or other paperwork relating to these proceedings, as may be necessary, in accordance with the Criminal Procedure Rules.

Exceptions to This Order

  1. This Order does not prevent the Alleged Offender, as long as he is not in prison, from spending up to €350 per week towards his ordinary living expenses, up to the date of the making of any confiscation order. Before starting to withdraw money in respect of his living expenses, the Alleged Offender must contact the FCA to nominate a bank account or source of income from which such monies will be drawn and must obtain the consent of the FCA in writing to the use of that account or income for that purpose.
  2. The Alleged Offender may agree with the FCA that the above spending limit for living expenses be varied, or that this Order be varied in any other respect, but any such agreement must be in writing.
  3. This Order does not prevent the Alleged Offender from spending any money that he receives by way of state benefit from the Department of Work and Pensions or an equivalent authority abroad.
  4. This Order does not prohibit the Alleged Offender from spending towards his ordinary living expenses any sum earned by him whilst he is in prison.
  5. This Order does not prevent:
    1. any person from paying any money in satisfaction of the whole or part of any confiscation order which may be made against the Alleged Offender; or
    2. the levy of distress upon any goods subject to this Order for the purpose of enforcement of any confiscation order which may be made against the Alleged Offender.

Variation or Discharge of This Order

  1. The Alleged Offender or any other person to whom this Order is addressed may agree with the Prosecutor that this Order be varied in any respect that concerns that person but any such agreement must be in writing.
  2. Anyone affected by this Order may apply to the court at any time to vary or discharge this Order (or so much of it as affects that person), but they must inform the FCA and the Alleged Offender giving at least two working days’ notice together with a witness statement in support of the application. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the FCA in advance.

Effect of This Order

  1. A person who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
  2. A person who is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.

Parties Other Than the Alleged Offender

18. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be sent to prison, fined or have his or her assets seized. He or she is also at risk of being prosecuted for a money laundering offence.

Set off by banks

19. This Order does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the Alleged Offender before it was notified of this Order.

Withdrawals by the Alleged Offender

20. No bank need enquire as to the application, or the proposed application, of any money withdrawn by the Alleged Offender if the withdrawal appears to be permitted by this Order or the FCA has agreed variations to it in writing.

Existing Charges

21. This Order does not prevent any financial institution from enforcing or taking any other steps to enforce an existing charge it has in respect of a property or properties so secured, providing that the said financial institution gives written notice to the Alleged Offender and the Applicant and any other affected third party no later than 21 days before any such application is made. If any evidence is to be relied upon in support of any such application, the substance of it must be communicated to the Applicant in advance.

Persons outside England, Wales, Scotland and Northern Ireland

22. Except as where provided in paragraph 23 below, the terms of this Order do not affect or concern anyone outside the jurisdiction of this court, Scotland or Northern Ireland. 23. The terms of this Order will affect the following persons in a country or state outside the jurisdiction of this court, Scotland or Northern Ireland:
  1. a person to whom this Order is addressed or an officer or an agent appointed by power of attorney of such a person; or
  2. any person who–
    1. is subject to the jurisdiction of this court, Scotland or Northern Ireland;
    2. has been given written notice of this Order at his residence or place of business within the jurisdiction of this court, Scotland or Northern Ireland;
    3. is able to prevent acts or omissions outside the jurisdiction of this court, Scotland or Northern Ireland which constitute or assist in a breach of the terms of this Order;
  3. any other person, only to the extent that this Order is declared enforceable by or is enforced by a court in that country or state.

Enforcement in Scotland and Northern Ireland

24. This Order shall have effect in the law of Scotland and Northern Ireland and may be enforced there if it is registered under the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order (Sl No 2002/3133).

Assets located outside England and Wales

25. Nothing in this Order shall, in respect of assets located outside England and Wales, prevent any third party from complying with:
  1. what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the country or state in which those assets are situated or under the proper law of any contract to which it is a party; and
  2. any orders of the courts of that country or state, provided that reasonable notice of any application for such an order is given to the FCA unless those assets are situated in Scotland or Northern Ireland, in which case this Order must be obeyed there.

Undertakings

26. The FCA gives to the court the undertakings set out in Schedule B to this Order.

Duration of the Order

27. This Order will remain in force until it is varied or discharged by a further order of this court.

Interpretation

28. Reference to the “Alleged Offender” means Iain Clifford STAMP (and any other name used by him). 29. Reference to an asset belonging to the Alleged Offender includes any property in which the Alleged Offender has an interest and any property to which the Alleged Offender has a right. 30. A period of time expressed as a number of days shall be computed as clear days as defined in the Criminal Procedure Rules.

Costs

31. The costs of this Order are reserved.

Communications with the Court

32. All communications with the court about this Order should be sent to Southwark Crown Court, 1 English Grounds, London SE1 2HU, England quoting the case number. The office is open between 10am and 4:30pm Monday to Friday. The telephone number is 020 7522 7200.

Address of the Applicant for Service and Communications

33. All communications with the FCA should be directed to FCA, Criminal Prosecutions Team, Enforcement & Market Oversight, 12 Endeavour Square, London, E20 1JN, England quoting the case number ENF RE01171. The telephone number is 0207 066 1000. Emails should be sent to POCA@fca.org.uk. The FCA is open from Monday to Friday between 9am and 5pm. IAIN CLIFFORD - stamp - IAIN CLIFFORD

COURT

HIS HONOUR JUDGE BAUMGARTNER

Schedule A – Witness Statements

The Judge read the following witness statement before making this Order: Witness statement of Pietro Boffa dated 26 May 2023.

Schedule B – Undertakings Given to the Court by the Applicant

  1. The Applicant will serve upon the Alleged Offender:
    1. a copy of this Order; and
    2. a copy of the witness statement containing the evidence relied on by the Applicant, and any other documents provided to the court on the making of the application.
  2. Anyone notified of this Order will be given a copy of it by the Applicant.
  3. The Applicant will pay the reasonable costs of anyone other than the Alleged Offender, which are incurred as a result of this Order, save that the Applicant will not without an order of the Court be obliged to pay any legal or accountancy costs so incurred without first giving its consent in writing.
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