Last Friday (14 February), Irfan Dogan (23) from Leicester was sentenced at Leicester Crown Court. He was fined £1,000 and ordered to pay court costs of £1,000 for infringement of the Private Security Industry Act (2001) (PSIA). He was ordered to pay £30,000 on Friday 27 January under the Proceeds of Crime Act (2002) (POCA). The court ordered Dogan to make full payment of the POCA within three months or he risks being jailed for eight months.
Judge His Honour J Spencer QC, said at Leicester Crown Court:
“You (Irfan Dogan) were playing fast and loose with the law.”
Our investigation into Dogan, the owner and manager of Leicester based Cobra Security Services, began in October 2017. He was initially being investigated for claiming to have Approved Contractor Scheme (ACS) status in social media posts. Dogan’s licence expired on 08 January 2018 but he continued to operate as the owner and manager of Cobra Security Services. As a manager of a security company he was required to be licensed under the PSIA (2001).
When we contacted Dogan he claimed that Cobra Security Services had not been in operation since the start of 2017. To investigate further, The SIA invited him to a formal interview in May 2018. He said he was unable to attend as he was abroad.
In August 2018, we confirmed Dogan had returned to the UK. As a result our investigators again invited Dogan to a formal interview. He ignored this request and did not attend. The requirement to hold a licence when trading in the UK is not limited to UK residents.
He also failed to respond to a request for information despite confirming that he had received a formal request, an offence under the PSIA. Since May 2018, Dogan had failed to communicate with us and he was consequently prosecuted.
Nathan Salmon, our criminal investigations manager, said:
“The SIA exists to ensure that only fit and proper people
who are trained and equipped to work in the industry do so. It is a safeguard that protects the public and gives assurance.
Part of our legislation is about providing information relating to an investigation and this case is a reminder to the private security
industry that ignoring our request for information can mean you are prosecuted.
Alongside prosecution, as a regulator we have worked to confiscate the profits made from operating without a licence and pursued this under POCA. We want to support compliant businesses by ensuring that
there are no financial benefits to operating without being properly licensed.”
Notes to Editors:
1. The Proceeds of Crime Act (POCA) the Proceeds of Crime Act 2002 (“POCA”) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power. Confiscation occurs after a conviction has taken place.
3. The offences relating to the Private Security Industry Act (2001) that are mentioned in the above news release are as follows:
Section 3 working without a licence
Section 19 failing to provide information relating to an investigation
Section 22 providing false information
The Private Security Industry Act 2001 is available online via: http://www.legislation.gov.uk/ukpga/2001/12/contents
*The voluntary Approved Contractor Scheme exists to raise performance standards. To be an approved contractor a business needs to meet a sector-specific approval based on a relevant set of qualifying criteria that is independently assessed.