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. Read more
Proceeds of Crime Act
Cases and Commentary on the Proceeds of Crime Act 2002 (Cth). For further information, review my overview of the Proceeds of Crime Act.
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
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
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
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
High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin
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. Read more
Applying Lee v The Queen
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. Read more
Victims rights under the Criminal Property Confiscation Act 2000 (WA) and the Proceeds of Crime Act 2002 (Cth)
Proceeds of Crime and Confiscation legislation is designed to deprive offenders of ill-gotten gains. Where the legislation is silent on the issue of victims rights, victims may be able to seek equitable relief. Read more