The South Australia District Court recently published an interesting (and lengthy) decision considering the interaction of compulsory examinations under s 180 Proceeds of Crime Act 2002 (Cth) with the accusatorial criminal process: R v Ruzehaji (No 2) [2017] SADC 119. Read more
Confiscations & Proceeds of Crime
Unexplained Wealth: CCC powers under the Criminal Property Confiscation Act (WA)
The WA government has introduced legislation amending the Criminal Property Confiscation Act 2000 (WA) to give the CCC power to investigate and litigate Unexplained Wealth matters. This has potentially significant consequences. I consider those effects. Read more
AFP ordered to return money to innocent cuckoo smurfing victim under the Proceeds of Crime Act 2002
The AFP attempted to use the Proceeds of Crime Act to restrain property of innocent victims of money laundering. The circumstances of this case were highly suggestive of ‘cuckoo smurfing’. The WA Supreme Ct ordered the AFP to return the innocent victim’s money. I acted for the successful innocent parties in this matter. Read more
Recovering money seized by WA Police
Some notes on how to recover money from WA Police where the client has not been charged and has not been served with a Freezing notice under the Criminal Property Confiscation Act. Read more
Civil Rights and Civil forfeiture: US perspective
In this article a former US Federal prosecutor makes the case for civil forfeiture. It is a well-written piece by an eminently qualified author. Read more
Panama Papers: the Australian consequences
Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers. Read more
Family Law: Confiscations & Proceeds of Crime
The convergence of family law with criminal property confiscation or proceeds of crime proceedings can complicate matters for both criminal & family lawyers. I set out some basic principles and considerations when your client is affected by both family law and confiscation or proceeds of crime proceedings. Read more
CPCA – Crime-Used and Crime-Derived Confiscation Cases
On 20 November 2015 I delivered a presentation on the CPCA 2000 – Crime Used and Crime Derived Cases.
The full text paper is available for free download. Read more
Drug Trafficker Cases – Criminal Property Confiscation Act
Presentation on Drug Trafficker Cases under the Criminal Property Confiscation Act 2000 (WA) by Edward Greaves. Full text paper available for free download. Read more
CPD Seminar on Drug Trafficker Cases
I will be presenting at Legalwise Seminars’ Criminal Law Symposium in Perth on 26 March 2015. My presentation is on the topic of Drug Trafficker cases under the Criminal Property Confiscations Act 2000 (WA). Read more