Jonathan Lennon KC victorious in 6 year battle for return of client’s cash in POCA cash detention case
In Kent Police v VK, Jonathan was instructed by Anne-Marie Ottaway at HFW Solicitors in a case where a Russian national (VK) had been stopped at Dover Eastern docks in September 2019. He had driven from Moscow and had with him a large amount of cash in different currencies totalling roughly £200,000. The Sterling element of over £133,000, comprised of expired £50 notes. The US Dollar element consisted of damaged notes. VK explained that he was taking the Sterling to the Bank of England to exchange for useable money – he had purchased the Sterling from banks in Moscow at a discount. The US Dollars he planned to post to the US Treasury where he expected to be refunded the face value by cheque – again he had secured the damaged notes at a discount. VK had undertaken similar transactions in the past including this country and the USA. Kent Police arrested VK at the port where he was held in custody. He was charged with money laundering but the prosecution did not oppose the application for discharge.
VK was released, Kent Police however retained the cash under Part 5 of POCA. There were constant delays in the Magistrates' Court, e.g. failing to book interpreters or to ensure a District Judge was available. Finally, a District Judge ruled in Kent Police’s favour, but then failed to provide reasons, leading to an appeal to the Crown Court. VK had provided documentary evidence of his source of wealth which Kent Police did not accept as genuine. Kent Police also accused VK of producing a forged US border from to the Court to support his case.
On 18th December 2025 at Maidstone Crown Court rejected the allegation of forgery and found the Russian documents were more likely than not to be genuine. Kent Police had failed to explain how taking money out of a bank could in the circumstances be a money laundering technique and VK finally won his appeal after years of battle.
