I think most of us agree that if a drug dealer buys himself a Ferrari with heroin money, the car is forfeit if it can be proved the money he bought it with was derived from illegal activity. A bank robber shouldn’t be allowed to keep the money he stole, even if he serves the time. This is a long-standing pillar of criminal law, and despite the headaches modern international tax law must give prosecutors, it’s pretty uncontroversial.

What if the profit is accrued less directly? Under the Proceeds of Crime Act 2002, literary proceeds are also illegal (that is, subject to confiscation). Leaving aside the tabloid hilarity of Corey Delaney, few of us would be comfortable with a killer getting a handsome payday for a Today Tonight interview while his victim’s parents are still coping with a devastating loss. If it would sell ads, the media would pay for a story – it’s their business and they can’t realistically be faulted for that – so it falls to the law to see that justice is done, and remove the incentive to engage in high-profile crimes. (more…)