Cuckoo Smurfing: Special Leave Granted in both Lordianto and KalimuthuPOCA
Lordianto and Kalimuthu are factually similar matters. Both involve cuckoo smurfing victims. In both cases the Australian Federal Police restrained (froze) the bank accounts of the applicants, Lordianto, and Kalimuthu, under the Proceeds of Crime Act 2002 (Cth) despite not alleging any criminality by Lordianto or Kalimuthu. On 22 March 2019 both Lordianto and Kalimuthu were granted special leave to appeal to the High Court.
AFP v Ganesh Kalimuthu: Another Cuckoo Smurfing victim loses under the Proceeds of Crime Act 2002Confiscations & Proceeds of Crime, POCA
The WA Court of Appeal has handed down an extensive decision in the matter of AFP v Ganesh Kalimuthu. The WA Court of Appeal found that it was bound to follow the decision of the NSW Court of Appeal in AFP v Lordianto. Accordingly, the Commissioner of the AFP was successful on appeal. I provide a summary of the judgment.
Lordianto v Commissioner AFP: Cuckoo Smurfing victim loses appeal under the Proceeds of Crime Act 2002POCA
In Lordianto v The Commissioner of the Australian Federal Police the Court of Appeal found in favour of the AFP and against the cuckoo smurfing victims. This decision has implications for numerous other matters before the courts across Australia involving alternative remittance and structured deposits.
National Cooperative Scheme on Unexplained WealthConfiscations & Proceeds of Crime, POCA
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.
Literary Proceeds: Will Schapelle Corby lose another interview fee to Proceeds of Crime laws?POCA
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?
Proceeds of Crime compulsory examinationsPOCA
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)  SADC 119.
AFP ordered to return money to innocent cuckoo smurfing victim under the Proceeds of Crime Act 2002POCA
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.
Family Law: Confiscations & Proceeds of CrimeConfiscations & Proceeds of Crime, CPCA, POCA
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.
High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & JinPOCA
The High Court stayed Proceeds of Crime action pending the criminal trial in Commissioner of AFP v Zhao & Jin handed down 12 February 2015. The judgment considers sections 319 and 266A of the Proceeds of Crime Act 2002.
Applying Lee v The QueenConfiscations & Proceeds of Crime, CPCA, POCA
Courts have applied Lee v R with some interesting results. Analysis of recent decisions considering X7 v ACC, Lee v NSW Crime Commission and Lee v The Queen, including Bartlett v The Queen and Zhao & Jin v Commissioner of the Australian Federal Police.