CPS News Brief

Online DJ jailed for illegal file-sharing

An internet pirate who facilitated more than 600,000 illegal music downloads and sought to make money from his website was jailed today.

After the prosecution built a strong case against him, Wayne Evans, 39, admitted infringing the copyright of artists in the UK Top 40 Singles Chart by making their music available illegally through his website. Though Evans did not charge website users per download, he created a facility on the site to accept donations.

Investigators identified in excess of 600,000 files shared by Evans via illegal file-sharing websites including deejayportal.com, which Evans promoted using his personal social media profiles on Facebook, Twitter and LinkedIn.

Evans, of Liverpool, was sentenced to 12 months in prison at Liverpool Crown Court today.

Sarah Place, Specialist Prosecutor at the CPS Specialist Fraud Division, said:

“By illegally sharing files online Wayne Evans knowingly and deliberately took money away from the music industry.

“His actions threatened the livelihood of all those working in the industry, not just the household names we are all familiar with.

“This case demonstrates that anyone running websites of this nature risk prosecution for their actions.”

Evans admitted two counts of copyright infringement and one count possessing or controlling articles for use in the fraud.

Additional information:

·         The Police Intellectual Property Crime Unit of the City of London Police and the Performing Rights Society for Music jointly investigated this case before referring a file to the CPS for a decision on charging.

·         The CPS brought proceedings and on Friday 7 October 2016 and Wayne Evans pleaded guilty to the charges against him (detail below).

·         Evans infringed copyright through use of ‘torrent’ websites. These give internet users access to digital material hosted on the torrent network, which includes music, eBooks, software and films.

·         Evans used www.deejayportal.com to link other users of the torrent website to ‘UK Top 40’ music and ‘Acapella’ songs. He also uploaded songs regularly, contributing to other torrent websites’ music stores. Whilst torrent websites can be used for both copyright and non-copyright materials, Evans’ offences relate to music products with copyright.

Details of charges:

Wayne Evans was charged with two charges of Distributing Material Infringing Copyright, Contrary to section 107(1)(e) of the Copyright, Designs and Patent Act 1988. He was also charged with one charge of Possession of Articles for use in Fraud, Contrary to section 6 of the Fraud Act 2006.

Businessman who killed his wife and tried to burn the house down jailed for life

 

A former City trader who knocked his wife unconscious, set her body on fire and then took his dog for a walk has been jailed for life today.

Darren Byrne, 40, murdered his wife Maria at their home in Theydon Bois, Essex, in February this year. A jury at Chelmsford Crown Court found him guilty of murder and arson on Monday (December 12) following a three-week trial.

The court heard how after dousing Maria in white spirit and setting her body alight, Byrne had turned on the gas hob and left the property with his dog in the apparent hope the house would explode or burn down. However, on his return Byrne found the house intact and instead told police there had been an accident.

At Chelmsford Crown Court today, Byrne was sentenced to life imprisonment with a minimum tariff of 24 years.

Punam Malhan, CPS East of England Senior District Crown Prosecutor, said:

“Darren Byrne concocted an elaborate alibi to cover up that he was responsible for the murder of his wife after she discovered he was continuing with an affair he had promised was over.

“Finding his plan had failed he claimed there had been an accident and his wife had burned to death while cooking him a bacon sandwich.

“Initially he was treated as a grieving husband but tests showed his wife was unconscious when the fire started and white spirit on her body. 

“He had the motive, means and opportunity and we were satisfied there was sufficient evidence to prosecute him for murder and arson being reckless as to whether life is endangered.

“Our thoughts are with the family of Mrs Byrne and we hope the sentence imposed can give them some comfort.”

Immigration fraud gang jailed

A gang which arranged for proxies to sit English languages tests on behalf of students - or supplied the answers – have been jailed.

The defendants made more than £500,000 from students who were seeking visa extensions but were convicted after trial following a prosecution by the CPS Specialist Fraud Division

The court heard how, if a substitute was not used, the group would simply read out the answers in the language tests. As well as cheating in exams, they also provided forged bank statements and academic records to help non-EU citizens in the UK on student visas extend their stay.

Harinder Kumar, Mohammed Hasan, Shaheen Ahmed and Talal Chowdhury were found guilty of conspiring to breach immigration law following a trial at Southwark Crown Court.

The jury failed to reach a verdict on two other defendants - Hemant Kumar and Wahida Sultana – who will face a retrial in the New Year.

Kristin Jones, Head of the CPS Specialist Fraud Division, said:

“This scheme involved manipulating language tests and falsifying paperwork in order to meet the relevant criteria for visa extensions.

“The prosecution evidence showed the defendants systematically and persistently used their knowledge of the system to make a significant amount of money for themselves.

“We are grateful to the BBC Panorama team for their assistance in this case, which included obtaining compelling evidence which demonstrated the group’s actions to the jury.”

Ends

Notes to Editors

- Harinder Kumar, 31, of Southall, Mohammed Hasan, 37, of Dagenham, Shaheen Ahmed, 33, of Orpington and Talal Chowdhury, 33, of Rainham, were all convicted of conspiring to facilitate the commission of breaches of immigration law.

-       Kumar was sentenced to three years imprisonment.

-       Hasan was sentenced to five years imprisonment.

-       Ahmed was sentenced to eight years imprisonment and disqualified from being a company director for 10 years. 

- Chowdhury was sentenced to eight years imprisonment and disqualified from being a company director for 10 years.

- The jury failed to reach a verdict in the cases of Hemant Kumar, 40, of Southall, and Wahida Sultana, 38, of Plaistow, who were charged with conspiring to facilitate the commission of breaches of immigration law. Prosecutors have sought a retrial for both defendants, which has been scheduled for May 2017.

- Chowdhury Habib, 32, of Newham, pleaded guilty to one count of conspiring to facilitate the commission of breaches of immigration law at an earlier hearing. He is due to be sentenced on Thursday, December 22.

- The prosecution followed a documentary by the BBC’s Panorama programme and a subsequent investigation by the Home Office Immigration Enforcement Division.

- At an earlier trial in May 2016, also stemming from the Panorama broadcast, four other people were convicted of similar immigration offences and received jail sentences.