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Melksham fraudster misses Proceeds of Crime hearing
7:00am Wednesday 12th February 2014 in Melksham
A judge has adjourned a Proceeds of Crime Act case against car dealing fraudster Miles Eglin after he failed to turn up at court.
The 46-year-old, who promised to repay what he owes after being spared jail, is being pursued by the authorities as they try to claw back what he made from his crime.
But Eglin did not attend a confiscation hearing at Swindon Crown Court on Friday and a judge put the matter off to a date to be fixed.
Because he is not on bail, having already been sentenced, the judge cannot issue a warrant to bring him before the court.
His barrister, Chris Smyth, told the hearing his client's solicitor had told Eglin of the hearing and he expected him to attend.
He asked for the case to be adjourned saying he thought an agreement could be reached between his client and the Crown.
Recorder Richard Onslow agreed and put the matter off to a date to be fixed which is convenient to both sides.
Eglin was put on a suspended sentence last October after admitting fraud by bouncing cheques on the Aston Barclay Westbury motor auction.
Having been a reliable customer for more than 15 years he was trusted by the management, but handed over four dud cheques as he failed to settle a £52,923 bill.
Although prosecutors accepted his story that he thought there may be funds to settle the first two he admitted he knew the other p air would not clear.
Eglin, of Shaw Hill, Melksham, was put on a six- month jail term suspended for a year and told to complete 150 hours of unpaid work.
After the hearing the car dealer said: "It was a massive mistake. I am looking to try and pay the money back."
However he is now being pursued under the draconian Proceeds of Crime Act where a figure will be set for his benefit from crime.
The judge will also establish when he can repay, called the 'realisable amount' and give him up to six months to hand it over or face a jail term in lieu.
Should he not hand over the money he will serve the sentence, and still owe the cash, and if he came into funds in the future he could be pursued for any outstanding part of the debt if the realisable amount is less than the benefit figure.
All of Eglin's assets will be assessed by a financial investigator, including his house which he may have to sell to settle the debt.