THE former boss of a waste site who ran a massive landfill tax fraud has been ordered to hand over another £50,000.

Malcolm Smart has already been forced to cough up more than £200k to avoid another jail term as the authorities pursue him for his ill gotten gains.

But financial investigators found his house sold for far more than they valued it at, so they returned to the court to grab his share of the excess.

Now a judge has ruled he must forfeit another £54,831.64p under the Proceeds of Crime Act, or face a three month prison sentence.

At a hearing in July 2013 it was found that he had benefitted from crime to the tune of £350,000 but as he only had £211,098.33p of realisable assets that was all he had to give.

However the most valuable thing he owned, a cottage in the village of Broad Town, was thought to be worth just £395k when financial investigators looked at what he owned.

But when it was sold 18 months ago it fetched half a million prompting prosecutors to restart proceedings to get his half of the excess, as he owned it with his wife.

Recorder Simon Leven, sitting at Swindon Crown Court, imposed an uplift to the available amount to be confiscated which now sits at £265,929.57p.

As well as the money from the sale of the house, which the police already have, it also includes just over £2,500 in interest on the first payment.

It is still open to the authorities to return to get the remainder from Smart, who was not in court to hear the order being made, should he come into money in the future.

Smart was jailed for two years after he and colleague Victor Millen, 67, of Ermin Street, Blunsdon, admitted conspiracy to defraud.

He was the boss of Sand Farm Landfill, in Calne, and Millin the weighbridge operator, when they deliberately under-weighed lorries dumping their load at the site.

They organised the under-weighing of lorry loads of waste arriving at the tip in exchange for kick backs from customers.

Covert surveillance of loads arriving on a day in early October 2009 revealed at least three were under-weighed, costing the firm £3,500.

A few days later auditors went to the tip and noticed the takings rocketed when they were there, then falling again when they left.

Both men were spoken to by their employers, Viridor, and then the police, and they admitted what they had been doing.

They either under weighed the loads, misclassified waste, or simply ignored some vehicles arriving at the site.

Between the start of April 2007 and October 10, 2009, they cost the company £907,255; of which about £200,000 was in landfill tax and VAT.

Although Smart said he received nothing for his deceit Millin accepted his co-defendant had given him brown envelopes stuffed with case totalling between £10,000 and £20,000.

An investigation was launched into seven directors of waste disposal companies who may have benefited from the scam, but no charges were brought against any of them.