In Terence Lynch v NCA [2014] UKFTT 1088 (9 December 2014) the FTT found that the National Crime Agency (NCA) had been entitled to raise discovery assessments.
On 15 December 2007 the Serious and Organised Crime Agency (SOCA) the predecessor of the NCA had executed a warrant at Mr Lynch’s address as it suspected Mr Lynch to be in receipt of income through connection with a crime group. The SOCA found over £250 000 cash. It sought and obtained forfeiture of the cash on the ground that it represented the proceeds of crime.
Mr Lynch had been a sole trader running a café and HMRC considered that the income declared in his tax returns fitted what may be expected from such a business. However a review of his bank accounts suggested that Mr Lynch had a second source of income. This led the NCA...