Cryptocurrency seizures

The request was successful.

Dear Cheshire Constabulary,

I am writing to request information which I believe is held by the Regional Organised Crime Unit or Special Operations Unit (ROCU/SOU) of which your force is part. I believe I am entitled to this information under the Freedom of Information Act 2000.

I draw your attention to a previous FOI answered by West Midland police (Ref: Cryptocurrency 1218A/21), to indicate that such information is held - and was disclosed - by at least one ROCU and might therefore be reasonably expected to be held - and disclosed - by others.

I would like to know the following:-

1. How much cryptocurrency has been seized by your force, or the ROCU of which it is part, since 2017. Please provide a breakdown by year and by the type of cryptocurrency (e.g. Bitcoin, Ethereum etc)

2. How much has been returned to the subjects of any seizure (again, by date and type please).

3. How do you store cryptocurrency that you have seized?

4. In cases where seized cryptocurrency is not returned, what happens to it?

I look forward to receiving a response within the statutory period.

Yours faithfully,

Rob Davies

Freedom of Information, Cheshire Constabulary

Dear Requester,

 

We acknowledge receipt of your correspondence received 03/02/2022 00:00:00
which is being dealt with as a request for information in accordance with
the Freedom of Information Act 2000 or the Environmental Information
Regulations.

 

We are in the process of dealing with your request and will respond in due
course and in any case by 02/03/2022 00:00:00.

 

Please note if we require further details to identify and locate the
requested information we will contact you for clarification via email. If
clarification is required please be aware the 20 working day clock will
start the day the Constabulary receives the necessary clarification.

 

Please contact us by email at [email address] if you have
any further enquiries.

Regards

 

The Requests Team

Information Compliance

Cheshire Constabulary HQ

Clemonds Hey

Oakmere Road

Winsford

Cheshire

CW7 2UA

 

Tel - 01606 362384

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Requests,

Dear R. Davies

 

Further to your request for information made under the Freedom of
Information Act 2000, ref 14747, Cheshire Constabulary are currently not
in a position to confirm or deny if information is held. I wish to advise
you that exemptions may be engaged in relation to your request:

 

Section 31 (1) (a)  Law Enforcement – Prevention/detection of crime

 

By virtue of section 31 (1) (a), where public authorities have to consider
the balance of the public interest in relation to a request, they do not
have to comply with the request until such times as is reasonable in the
circumstances.

 

This is a qualified exemption and there is a requirement to conduct a
public interest test. I am obliged to consult with all stakeholders who
may be affected by me complying with your request.

 

Upon completion of this process I am then required to ascertain where the
balance in compliance with both my duty to confirm or deny what
information exists and/or in disclosure of any relevant information.

 

This process is ongoing, and when considering these matters I am entitled
to extend the deadline for complying with your request.

 

Unfortunately, this does mean that Cheshire Constabulary will not be able
to respond to your request in full within 20 working days of the original
receipt. The new estimated date of compliance will be 20 working days from
today’s date. If you have any queries about this email, please contact me
via email.

 

Regards

 

Sandra Graham - Requests Compliance Officer

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA

Phone: 01606 362384 | Email: [1][email address]

Visit [2]www.cheshire.police.uk | [3]www.cheshirefire.gov.uk

Follow [4]@cheshirepolice and @CheshireFire on Twitter

Like [5]Cheshire Police and Cheshire Fire and Rescue Service on Facebook

 

 

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

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Requests,

2 Attachments

Dear R Davies,

 

Please find a response to your request made under the Freedom of
Information Act attached.

 

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

 

Regards,

 

Lucy Taylor – Request Decision Maker

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA

Visit [1]www.cheshire.police.uk | [2]www.cheshirefire.gov.uk

Follow [3]@cheshirepolice and @CheshireFire on Twitter

Like [4]Cheshire Police and Cheshire Fire and Rescue Service on Facebook

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. http://www.cheshire.police.uk/
2. http://www.cheshirefire.gov.uk/
3. http://www.twitter.com/cheshirepolice
4. http://www.facebook.com/cheshirepolice

Dear Requests,

Thanks for you response. I wanted to make you aware that multiple other police services have raised the same exemptions as you do but were able to provide partial detail that avoided the issues triggering those exemptions.

In particular, they have provided the types of crypto assets seized and the years in which they were seized but withheld the volume/value of those assets, an approach I have accepted.

I don't want to start a review process that would be time-consuming for me and for you, so perhaps you would consider taking the approach? It seems likely, given that other police services have disclosed information to me, that I would success with an internal review or ICO complaint.

Perhaps you might provide partial information and we could avoid all of that?

Yours sincerely,

Rob Davies

Requests,

Dear R Davies,

Thank you for your email.

In the original response the type of cryptocurrency seized was provided to
you. This was Bitcoin and Monero.

I have reassessed the information held and the previous response provided
to you and can additionally advice that the years the above relate to are
2019 and 2020.

The exemption used applies to the value of the cryptocurrency seized and
the storage mechanism.

I trust the above assists and provides further information and clarity on
our response.

Regards,

Lucy Taylor – Request Decision Maker
Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services
Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA
Visit www.cheshire.police.uk | www.cheshirefire.gov.uk
Follow @cheshirepolice and @CheshireFire on Twitter
Like Cheshire Police and Cheshire Fire and Rescue Service on Facebook

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Dear Requests,

Thank you for clarifying, however one point remains unclear to me.

Are you saying that it was Bitcoin in 2019 and Monero in 2020.

Or both in both years?

Yours sincerely,

Rob Davies

Requests,

Dear R Davies,

Thank you for your email.

Your first interpretation is correct - Bitcoin in 2019 and Monero in 2020.

Regards,

Lucy Taylor – Request Decision Maker
Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services
Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA
Visit www.cheshire.police.uk | www.cheshirefire.gov.uk
Follow @cheshirepolice and @CheshireFire on Twitter
Like Cheshire Police and Cheshire Fire and Rescue Service on Facebook

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