KB-2024-001295 - [2025] EWHC 3000 (KB)
Fecha: 14-Nov-2025
Introduction
Introduction
By a claim form sealed on 4 April 2024, the Claimant, the Director of Public Prosecutions, seeks a civil recovery order under the Proceeds of Crime Act 2002 (“POCA”), s.243(1). The three Defendants are Joseph O’Connor (“D1”), Keir Holme (“D2”) and Kyle Lomax (“D2”).
The claim relates to cryptocurrency held in the following accounts:
235.329 Ethereum and 15.23521 United States Dollar Coin (“USDC”) held in a Coinbase account in the name of D2, numbered 5f371199b4f17013c22f495a (“the Holme Coinbase account”);
42.378 Bitcoin (“BTC”) held in a Binance account in the name of D2, numbered 1PVpNTK55VXnb4Thjs7iVrkCcDpHkcAch8 (“the Holme Binance account”); and
143273.57126 BUSD Binance US Dollar held in a Binance Account in the name of D3, numbered 19abokSU5Kr6NAz3L9wXy3Y6Ewek5QyLts (“the Lomax Binance account”).
The contents of these accounts is together referred to for the purposes of this claim as “the Property”. Its value was estimated in April 2024 at £3,085,039.92. As at the date of the final hearing of the claim before me, on 11 November 2025, its value was estimated at £4,135,949.11. The Claimant’s case is that the Property has been obtained through unlawful conduct.
At the end of the hearing on 9 June 2025 I indicated that I would make the order sought by the Claimant, with reasons to follow.
It became necessary to delay circulation of the draft judgment giving those reasons and conduct a further hearing for the reasons explained at [86]-[90] below. This took place on 11 November 2025.
At the end of that hearing I repeated that I would make the order sought by the Claimant. By this point the terms of the order had been agreed between the Claimant and the First Defendant, after considerable constructive liaison between those parties. I was also greatly assisted by the input of both Mr Pons and Mr Lennon KC. These are my reasons for making the order.
- Heading
- Introduction
- The evidence
- The factual background in overview
- (ii): D2 and D3
- More detail on the source of the funds in the accounts
- The legal framework
- The procedural history prior to the 9 June 2025 hearing
- The Case Management Conference (“CMC”) on 18 March 2025
- Events between the CMC and 9 June 2025
- The 9 June 2025 hearing
- Proceeding in the absence of D2 and D3
- Service of the hearing papers on D1
- Events after the 9 June 2025 hearing
- The 11 November 2025 hearing
- Analysis and decision
- (ii): The location of the Property
- (iii): “Recoverable property”
- (a): The nature of the Property itself
- (b): The way the Property is held
- (c): Additional efforts undertaken to conceal the origin of the Property and its connection to the D1
- (d): The US offences
- (f): The lack of any evidence in response to the Claimant’s case
- Conclusions