The Attorney General v Muhiddin Umurzokov

JurisdictionJersey
CourtRoyal Court
JudgeBailiff
Judgment Date24 April 2022
Neutral Citation[2022] JRC 101
The Attorney General
and
Muhiddin Umurzokov
Anvarjon Eshonkulov

and

Batsukh Bataa

[2022] JRC 101

Before:

R. M. MacRae, Esq., Deputy Bailiff, and Jurats Ronge and Pitman

ROYAL COURT

(Samedi)

Inferior Number Sentencing — converting the proceeds of criminal property

Sentencing by the Inferior Number of the Royal Court,, following a guilty plea to the following charges:

Muhiddin Umurzokov

7 counts of: Converting criminal property, contrary to Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 1, 2, 6, 7, 11,12,13)

3 counts of: Attempting to convert criminal property, contrary to Article 1 (1) Criminal Offences (Jersey) Law 2009 and Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 5, 17,19)

3 counts of: Possessing criminal property, contrary to Article 30 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 20, 21, 22).

Age : 50.

Plea: Guilty.

Details of Offence:

The defendants made two trips to Jersey in order to launder approximately £60,000 in Jersey bank notes on behalf of another organised crime group.

On the first trip, Umurzokov visited Jersey on his own. During the weekend he converted £7,000 into US Dollars at the Post Office and paid £2,000 into a UK account controlled by him but in the name of another person, at Lloyd's Bank (Counts 1 and 2).

On the second trip to Jersey, Umurzokov, Eshonkulov and Bataa made a series of visits to banks, the Post Office, car dealerships and shops, making 13 further conversions in the total sum of approximately £36,000 (Counts 3, 6–16 and 18) by purchasing mobile telephones and other consumer devices, and making exchanges or deposits at the counters or automated deposit machines of three bank branches and the post office. They also attempted unsuccessfully to convert £38,000 cash into UK currency at the post office and a bank (Counts 4 and 5); and attempted unsuccessfully to convert further tens of thousands of pounds by purchasing a valuable watch and new cars (Counts 17 and 19).

As they attempted to leave the island at the end of the week the defendants' car was searched and officers found the electronic devices and clothing that had been purchased, together with cash of £13,077 in Jersey bank notes, £2,355 in Bank of England notes and €2,550 (Counts 20–22).

Details of Mitigation:

Guilty pleas; no relevant previous convictions. References.

Previous Convictions:

Four offences of abusive behaviour and assault (2019).

Conclusions:

Count 1: 3 years and 9 month's imprisonment.

Count 2: 3 years and 9 months' imprisonment, concurrent.

Count 5: 3 years and 9 months' imprisonment, concurrent.

Count 6: 3 years and 9 months' imprisonment, concurrent.

Count 7: 3 years and 9 months' imprisonment, concurrent.

Count 11: 3 years and 9 months' imprisonment, concurrent.

Count 12: 3 years and 9 months' imprisonment, concurrent.

Count 13: 3 years and 9 months' imprisonment, concurrent.

Count 17: 3 years and 9 months' imprisonment, concurrent.

Count 19 3 years and 9 months' imprisonment, concurrent.

Count 20: 3 years and 9 months' imprisonment, concurrent.

Count 21: 3 years and 9 months' imprisonment, concurrent.

Count 22: 3 years and 9 months' imprisonment, concurrent.

Total: 3 years and 9 months imprisonment, concurrent on all counts.

The Crown seek that confiscation proceedings be postponed to a date, to be fixed, during the first quarter of 2023.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 1: 4 years' imprisonment.

Count 2: 4 years' imprisonment, concurrent.

Count 5: 4 years' imprisonment, concurrent.

Count 6: 4 years' imprisonment, concurrent.

Count 7: 4 years' imprisonment, concurrent.

Count 11: 4 years' imprisonment, concurrent.

Count 12: 4 years' imprisonment, concurrent.

Count 13: 4 years' imprisonment, concurrent.

Count 17: 4 years' imprisonment, concurrent.

Count 19 4 years' imprisonment, concurrent.

Count 20: 4 years' imprisonment, concurrent.

Count 21: 4 years' imprisonment, concurrent.

Count 22: 4 years' imprisonment, concurrent.

Total: Starting point 6 years' imprisonment. 4 years' imprisonment, concurrent on all counts.

Confiscation proceedings to be heard on the first open date after 1 st September, 2022.

Recommendation for deportation ordered.

Anvarjon Eshonkulov

9 counts of: Converting criminal property, contrary to Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 3, 8, 9, 10, 13, 14, 15, 16, 18)

3 counts of: Attempting to convert criminal property, contrary to Article 1 (1) Criminal Offences (Jersey) Law 2009 and Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 4, 17, 19)

3 counts of: Possessing criminal property, contrary to Article 30 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 20, 21, 22).

Age: 49.

Plea: Guilty.

Details of Offence:

See Umurzokov above.

Details of Mitigation:

Guilty pleas; no relevant previous convictions. References.

Previous Convictions:

Not applicable.

Conclusions:

Count 3: 3 years' imprisonment.

Count 4: 3 years' imprisonment, concurrent.

Count 8: 3 years' imprisonment, concurrent.

Count 9: 3 years' imprisonment, concurrent.

Count 10: 3 years' imprisonment, concurrent.

Count 13: 3 years' imprisonment, concurrent.

Count 14: 3 years' imprisonment, concurrent.

Count 15: 3 years' imprisonment, concurrent.

Count 16: 3 years' imprisonment, concurrent.

Count 17: 3 years' imprisonment, concurrent.

Count 18: 3 years' imprisonment, concurrent.

Count 19: 3 years' imprisonment, concurrent.

Count 20: 3 years' imprisonment, concurrent.

Count 21: 3 years' imprisonment, concurrent.

Count 22: 3 years' imprisonment, concurrent.

Total: 3 years' imprisonment, concurrent on all counts.

The Crown seek that confiscation proceedings be postponed to a date, to be fixed, during the first quarter of 2023.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 3: 3 years' imprisonment.

Count 4: 3 years' imprisonment, concurrent.

Count 8: 3 years' imprisonment, concurrent.

Count 9: 3 years' imprisonment, concurrent.

Count 10: 3 years' imprisonment, concurrent.

Count 13: 3 years' imprisonment, concurrent.

Count 14: 3 years' imprisonment, concurrent.

Count 15: 3 years' imprisonment, concurrent.

Count 16: 3 years' imprisonment, concurrent.

Count 17: 3 years' imprisonment, concurrent.

Count 18: 3 years' imprisonment, concurrent.

Count 19: 3 years' imprisonment, concurrent.

Count 20: 3 years' imprisonment, concurrent.

Count 21: 3 years' imprisonment, concurrent.

Count 22: 3 years' imprisonment, concurrent.

Total: Starting point of 5 years' imprisonment. 3 years' imprisonment, concurrent on all counts.

Confiscation proceedings to be heard on the first open date after 1 st September, 2022.

Recommendation for deportation ordered.

Batsukh Bataa

7 counts of: Converting criminal property, contrary to Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 3, 8, 9,10, 14, 16, 18)

1 count of: Attempting to convert criminal property, contrary to Article 1 (1) Criminal Offences (Jersey) Law 2009 and Article 31 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Count 4).

3 counts of: Possessing criminal property, contrary to Article 30 (1) (c) Proceeds of Crime (Jersey) Law 1999 (Counts 20, 21 22).

Age : 52.

Plea: Guilty.

Details of Offence:

See Umurzokov above.

Details of Mitigation:

Guilty pleas; no relevant previous convictions. References.

Previous Convictions:

Not applicable.

Conclusions:

Count 3: 2 years and 9 months' imprisonment.

Count 4: 2 years and 9 months' imprisonment, concurrent.

Count 8: 2 years and 9 months' imprisonment, concurrent.

Count 9: 2 years and 9 months' imprisonment, concurrent.

Count 10: 2 years and 9 months' imprisonment, concurrent.

Count 14: 2 years and 9 months' imprisonment, concurrent.

Count 16: 2 years and 9 months' imprisonment, concurrent.

Count 18: 2 years and 9 months' imprisonment, concurrent.

Count 20: 2 years and 9 months' imprisonment, concurrent.

Count 21: 2 years and 9 months' imprisonment, concurrent.

Count 22: 2 years and 9 months' imprisonment, concurrent.

Total: 2 years and 9 months' imprisonment, concurrent on all counts.

The Crown seek that confiscation proceedings be postponed to a date, to be fixed, during the first quarter of 2023.

Sentence and Observations of Court:

Count 3: 3 years' imprisonment.

Count 4: 3 years' imprisonment, concurrent.

Count 8: 3 years' imprisonment, concurrent.

Count 9: 3 years' imprisonment, concurrent.

Count 10: 3 years' imprisonment, concurrent.

Count 14: 3 years' imprisonment, concurrent.

Count 16: 3 years' imprisonment, concurrent.

Count 18: 3 years' imprisonment, concurrent.

Count 20: 3 years' imprisonment, concurrent.

Count 21: 3 years' imprisonment, concurrent.

Count 22: 3 years' imprisonment, concurrent.

Total: Starting point 5 years' imprisonment. 3 years' imprisonment, concurrent on all counts.

Confiscation proceedings to be heard on the first open date after 1 st September, 2022.

Authorities

AG v Rae and Spinola [2017] JRC 080.

Rae v AG [2017] JCA 197.

AG v Goodwin [2016] JRC 165.

AG v Fish & Hinds [2016] JRC 181A.

AG v Gomes and others [2007] JRC 129.

Bhojwani v AG [2011] JCA 034.

Hagin v AG [2020] JCA 247.

AG v. Pearce [2021] JRC 203.

AG v. Fish and Hinds [2016] JRC 181A.

AG v. Arthur [2020] JCA 016.

Camacho v AG [2007] JLR 462.

D. J. Hopwood Esq., Crown Advocate.

Advocate J-A. Dix for the Defendant Umurzokov.

Advocate A. M. Harrison for Defendant Eshonkulov.

Advocate S. E. A. Dale for Defendant Bataa.

Bailiff

THE DEPUTY

1

Mr Umurzokov, Mr Eshonkulov and Ms Bataa, you all stand before the Court to be sentenced today for serious offences of money laundering.

2

I am invited by the Crown to deal first with the application for confiscation. We reject the Crown's request to postpone the determination of confiscation until 2023. Nonetheless we are satisfied that it is in the interests of justice for there to be a short...

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