Bipan Kumar Rajani, who was found guilty of Trade Mark and Consumer Protection Act offences at Swansea Crown Court in December 2009 – has been ordered to pay back £ 351,599 after a joint investigation between the Regional Asset Recovery Team (Wales) and Neath Port Talbot Trading Standards department.
In September 2008, Neath Port Talbot Trading Standards Officers conducted test purchases at a stall run by Rajani at the Neath Fair and discovered a number of counterfeit toys for sale. Further counterfeit toys were recovered from his home in Neath Road, Briton Ferry.
In December 2009, Rajani was found guilty of 10 Trade Marks and Consumer Protection offences and was later sentenced to a community based work order. As a result of this conviction the Court proceeded to confiscation under the Proceeds of Crime Act 2002, where an examination of Rajani’s finances by the Regional Asset Recovery Team revealed the extent of his activities and his benefit from crime.
The RART investigation revealed Rajani had declared almost no income for many years, but owned a lavish home and a substantial property portfolio. Evidence was provided to the Court that Rajani had funded much of this through his illegal activities and a previously undiscovered mortgage fraud.
The Court also heard evidence that there had been suspicious transfers of properties between the defendant and family members.
During a contested confiscation hearing at Swansea Crown Court, Rajani failed to provide any evidence in support of his claim that his money had come from legitimate earnings. He was judged to have a criminal lifestyle and the Court considered his benefit from crime to be £1.2 million. The available assets including properties, two parcels of land and a quantity of cash seized from his home were valued together at £ 351,599 and an order was set in this amount. Rajani was given six months to pay or face 42 months imprisonment in default.
In passing judgement His Honour Judge Peter Haywood praised both the prosecutor and investigation team for their work in presenting the case.
Detective Superintendent Chris Dodd, Head of the RART, said:
“This Confiscation Order is the culmination of 2½ years of dedicated work by the Regional Asset Recovery Team and the Local Authority of Neath Port Talbot, who had the foresight to harness the potential of the Proceeds of Crime legislation to support the work of consumer protection.
Rajani had made a fortune from counterfeit goods and mortgage fraud and will now lose everything. He wilfully refused to comply with the confiscation process and failed to respond to requests and court orders for information. However, he was not able to frustrate the process and at the conclusion of a determined and comprehensive investigation, supported by our colleagues of HM Revenue & Customs, we are satisfied that the outcome achieved is the right one. I would like to add my own congratulations to those of HH Judge Haywood, who made particular mention of the quality of the prosecution case and the presentation of the evidence by the investigation team”.
