The NSW Court of Appeal handed down its decision in Gwe v the Commissioner of the AFP on 2 October 2020. This decision is significant, as it is the first time innocent victims of cuckoo smurfing have been successful in an appellate court. Read more
cuckoo smurfing
Lordianto & Kalimuthu: Rights for Innocent Parties under the Proceeds of Crime Act 2002 (Cth)
The High Court found against both Mr and Mrs Lordianto and Mr and Mrs Kalimuthu. The judgment does not preclude success for other innocent cuckoo smurfing victims. It is a question of fact, analogous to the concept of a bona fide purchaser for value without notice. Read more
Cuckoo Smurfing: Special Leave Granted in both Lordianto and Kalimuthu
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. 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