It is well established that property frozen under the Criminal Property Confiscation Act is able to be released to fund legal or living expenses. However, WA DPP practice over the last 10 years has been to deny requests to release funds frozen under the CPCA crime-used or crime-derived grounds. I successfully argued in the District Court that property frozen on these grounds could still be released for such expenses. Read more
Confiscations & Proceeds of Crime
National Cooperative Scheme on Unexplained Wealth
The Unexplained Wealth Legislation Amendment Bill 2018 proposes a ‘National Cooperative Scheme on Unexplained Wealth’. In this article I address the utility of this scheme and raise some issues with its proposed operation. Read more
Literary Proceeds: Will Schapelle Corby lose another interview fee to Proceeds of Crime laws?
Convicted drug trafficker and personality Schapelle Corby has given an interview to Australian magazine Women’s Day. This interview, purportedly about her future and not her past offence, is due to be published March 2018. But can the interview fee still be confiscated as Literary Proceeds under Proceeds of Crime laws? Read more
Criminal Property Confiscation Act WA: Jurisdictional limits
How should the value of frozen property be calculated for purposes of the jurisdictional limits of the Magistrates’ Court (and by extension, the District Court)? The correct calculation has been held to be based on the total value of the frozen property; contrary to previous practice. Read more
Proceeds of Crime compulsory examinations
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
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