Sealed Variation 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 No 34 of 2023

Before His Honour Judge Baumgartner sitting in private

Dated this: 31st May 2024

IN THE MATTER OF IAIN CLIFFORD STAMP
Alleged Offender

AND

IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002

                                               Variation to Restraint Order

UPON the Application of the Financial Conduct Authority (“the Prosecutor”)

AND UPON READING the witness statement of Pietro Boffa dated 1st May 2024 and considering representations from Iain Clifford Stamp (“the Alleged Offender”)

IT IS ORDERED THAT the Restraint Order granted by His Honour Judge Baumgartner on 7th June 2023 (“the Order”) be varied as follows:

  1. The wording on the Penal Notice at page 1 of the Order is varied with the addition of “disobey this Order” which shall be inserted after “STAMP,” and before “may…” so that the first sentence of the Penal Notice shall now read:

“If you Ian Clifford STAMP, disobey this Order you may be held in contempt of court and may be imprisoned, fined or have your assets seized.”

  1. There shall be inserted into the Restraint Order a new paragraph 5A which shall be headed “Provision of Information” which shall state:

Provision of Information

1. The Alleged Offender must serve a witness statement verified by a statement of truth on the FCA within 28 days of the date of service of this Order on him setting out all his assets and all assets under his control whether in or outside England and Wales and whether in his own name or not and whether solely or jointly owned, giving the value of his interests in, location and details of all such assets.

2. The information in the witness statement referred to in paragraph 5A1 above must include:

  • a. the name and address of all persons including financial institutions holding any such assets;
  • b. details of all income, whether declared or undeclared for tax purposes and whether in the UK or overseas, including details of employment from 7th June 2017 identifying the amounts paid, by whom they are paid and the account or accounts into which such sums are paid;
  • c. details of all motor vehicles owned or possessed, whether held in the Alleged Offender’s sole name, jointly with others or in which the Alleged Offender has an interest;
  • d. details of all bank accounts held by or under the control of the Alleged Offender in his sole name or jointly with others or held by anyone on his behalf or in relation to which the Alleged Offender is an authorised signatory, since 7th June 2017, together with the name and address of the place where the account is held and the sums in the account;
  • e. details (including addresses) of any real property anywhere in the world in which the Alleged Offender has any interest since 7th June 2017 whether held in his sole name or jointly with others or held by anyone on his behalf, including an interest in any of the net proceeds of sale if the property were to be sold, such details must include details of any mortgage or charge on the property;
  • f. details of all National Savings Certificates, unit trusts, shares, equities, securities, bonds or debentures held in any company or corporation wherever incorporated in the world, owned or controlled by the Alleged Offender or in which he has an interest since 7th June 2017;
  • g. details of all safety deposit boxes held anywhere in the world, whether held in the Alleged Offender’s sole name, jointly with others or in relation to which the Alleged Offender has or has had authorised access since 7th June 2017;
  • h. details of all trusts of which the Alleged Offender is a beneficiary, including the name and address of every trustee and the name of any co-beneficiary if applicable;
  • i. details of all company secretary appointments, company directorships, non-executive directorships, and other company appointments that the Alleged Offender has held anywhere in the world;
  • j. details of any limited company assets whether in the UK or anywhere in the world in relation to which the Alleged Offender is a director, the majority shareholder, or has a controlling interest in that company since 7th June 2017;
  • k. details of the Alleged Offender’s current employment status;
  • l. particulars of any income or debt due to the Alleged Offender including the name and address of the debtor;
  • m. details of all other realisable assets believed to be over £1,000 in value held by the Alleged Offender whether in his sole name, jointly with others or in relation to which the Alleged Offender has an interest, anywhere in the world;
  • n. details of all assets over £500 in value transferred by the Alleged Offender or anyone on his behalf, to individuals and businesses in the past 6 years, identifying the name and address of all persons and businesses to whom such property was transferred;
  • o. details of all the Alleged Offender’s current financial liabilities;
  • p. in the event any Claim Form, Petition, Statutory Demand, Application Notice, Enforcement Notice, Seizure Notice or any other civil court process is pending or is at any time during the currency of this Order served upon him or brought to his attention, the Alleged Offender shall forthwith provide a copy of the process to the Prosecutor;
  • q. details of any cryptocurrency or tokens stored in non-custodial wallets including details of the wallet provider, the public addresses of any cryptocurrency or tokens where value is stored, value held at the addresses, how the wallets are accessed, whether anybody else has access to the wallets and, if so, where they are stored for any wallets held anywhere in the world whether held by the Alleged Offender in his sole name or jointly with others or held by anyone on his behalf or in relation to which the Alleged Offender is an authorised signatory since 7th June 2017.

3. For the avoidance of doubt, the Alleged Offender has a continuing duty to disclose all his income and assets and all assets under his control, including any new assets acquired by the Alleged Offender after this Order takes effect. He must notify the FCA in writing of any interest in any asset acquired by him after the making of this Order within 14 days of acquiring such an interest.

5B

Subject to any further order of the Court any information given in compliance with this Order shall only be used:

  • a) for the purpose of these proceedings;
  • b) if the Alleged Offender is charged and is convicted, for the purposes of any confiscation hearing that may take place; and
  • c) if a confiscation order is made, for the purposes of enforcing that order, including any receivership proceedings.

Paragraph 5B does not prevent the FCA or counsel instructed by the FCA from considering any information disclosed in compliance with this Order for the purposes of discharging the FCA’s disclosure obligations in any criminal proceedings (to which these proceedings are ancillary) whether under the Criminal Procedure and Investigations Act 1996 or the common law SAVE THAT in the absence of a further order from the Court, there shall be no disclosure of any material disclosed in compliance with this order to any co-Alleged Offender in subsequent criminal proceedings. However, nothing in this paragraph shall make inadmissible any disclosure made by the Alleged Offender in any criminal proceedings for perjury relating to that disclosure.

3. – Repatriation

1. The Alleged Offender must:

  • a) within 14 days after being asked to do so in writing by the FCA bring any moveable asset in respect of which he has an interest, which is outside England and Wales, to a location within England and Wales; and
  • b) inform the FCA of 12 Endeavour Square, London, E20 1JN of the location within England and Wales within 7 days of the arrival of the assets.

If the asset is cash or credit in an overseas financial institution, it must be paid into an interest-bearing account in England and Wales and the account holder, location and account number be notified to the FCA, as above, within 7 days.

4. The costs of this variation application are reserved.

His Honour Judge
IAIN CLIFFORD - his owner - IAIN CLIFFORD

COURT STAMP

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