Tony Leigh Shepherd, of Winston, was ordered to pay back £350,000 under the Proceeds of Crime Act – one of the largest orders the Environment Agency has gained in the North East.
In February 2014, the 41-year-old had received a 12-month prison sentence at Teesside Crown Court, suspended for two years, after originally pleading guilty to two offences of operating an illegal waste at West Musgrave Farm in St Helen Auckland between August 2009 and March 2011.
And, Mr Shepherd and also admitted to a third charge of operating an illegal waste on Hackworth Industrial Estate between December 2010 and July 2011.
The Environment Agency then began proceedings to recover the value of his available assets it claims were obtained through crime.
Teesside
Mr Shepherd was summoned back to Teesside Crown Court for a confiscation hearing in August 2015, where he was ordered to pay back the money (see letsrecycle.com story).
The agreed amount was based on assets that Mr Shepherd owned, such as plant, machinery and vehicles, including a Range Rover Sport.
It was also decided that if he came into future assets, he could have to pay back more of the nearly £1.2million agreed benefit sum. Mr Shepherd was warned he could face prison in the event that he did not pay.
The waste operator received his prison sentence at Teesside Magistrate’s Court on Wednesday (25 May) for failing to pay back the agreed amount of cash.
The court heard that Mr Shepherd had paid back £10,000 – but interest accrued meant he still owed the court £347,228.
Mr Shepherd, who exhibited a “wilful refusal” to pay the sum according to the court, will still be expected to repay the full amount when he is released from prison.
Result
The Environment Agency’s enforcement team leader for the North East, Dave Edwardson, said it was a “significant result” which sent a clear message to others who flout the law.
He said: “We took Shepherd to court for his crimes and then sought to hit him in the pocket by recovering the money it was believed he gained through his criminal activity – resulting in the biggest confiscation order for us in the North East.
“And because he’s failed to pay that back he’s now been sent to prison. But it’s still a debt for life for Shepherd and he must repay the money – and any future assets in the future could also go back to repaying the full amount.
“This hearing demonstrates how seriously we take waste crime and we’ll continue to take action against those operating outside of the law and the regulations.”
The recovered sum of money would be paid to central government to support crime prevention measures.
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