A FORMER drugs criminal who repaid less than £2,000 of his almost £20,000 in illegal profits must hand over another £6,500 he won on a bet.
Three years after being released from a six-year jail sentence, Aaron Giacopazzi, 35, was back before a Carlisle Crown Court judge for a Proceeds of Crime hearing mounted by Cumbria Police.
Prosecutor Brendan Burke said the extra cash came to light after there was contact from the William Hill bookmakers about three of the defendant's accounts.
Asked in court to comment on the police application to seize the money, Giacopazzi said he had gambled all his life and that the money had not come from crime. He told Judge Nicholas Barker the money which paid for the successful bet was legitimately earned.
“It’s not illegal money,” said Giacopazzi. “I’ve worked for the past three years. There are bank statements to show where the money came from – it’s from my employer. It was just money out of my earnings.”
The defendant asked: “What happens if I want to save up for a mortgage? Can you come back and take my money again?”
But Judge Barker pointed out that he was not in control of what future applications the police made to the court.
But, said the judge, Cumbria Constabulary had a right to attempt to seize such sums to settle the Proceeds of Crime debt, assessed in an earlier hearing as £19,800 for Giacopazzi following his conviction over being part of an operation that aimed to flood Cumbria’s streets with drugs.
Mr Burke said the Crown Prosecution Service would not repeatedly return to the defendant for “dribs and drabs” of money that was legitimately earned.
“That’s not the way the financial investigator approaches it,” said Mr Burke. Judge Barker approved the seizure of the £6,500, ruling that it must be handed over within 56 days.
If the money is not surrendered, Giacopazzi will have to serve 14 days in jail in default. The judge said the Crown Prosecution service was not entitled to return every six months for “little bits here and little bits there”.
But Judge Barker added: “The application seems proportionate and reasonable, given that there is such a significant amount of funds available when set against the relatively small amount you were able to pay for the overall value of the criminality. I make the order.”
When questioned again by Giacopazzi, the judge repeated his point about the court not returning for small amounts, adding: “If you win £150,000 on the Lottery it might be different. I can’t dictate what the circumstances will be.”
Giacopazzi was one of three defendants brought to court for a Proceeds of Crime applications after a Cumbria Police operation codenamed Halogen.
Once police had smashed the drugs operation, 16 criminals were brought to justice. They were jailed collectively for nearly 100 years.
Giacopazzi, whose address was given as St Elizabeth’s Close, Carlisle, was jailed after he admitted conspiring to supply the class A drug cocaine.
The conspiracy was masterminded by 25 year-old Patrick White, formerly of Egremont.
Two of his accomplices were said to have also profited to the tune of £19,800 – the same benefit figure that was ascribed to Giacopazzi. But the only cash available from those two co-defendants was a paltry £1 each.
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