The legal status of cryptocurrency has been the subject of some debate amongst lawyers, judges and legal academics.
Recent amendments to the Proceeds of Crime Act 2002 (POCA) suggest that the Act is intended to apply to cryptocurrency. Read more
proceeds of crime
Hardship relief under the Proceeds of Crime Act
The Victorian Court of Appeal has recently considered the law in relation to hardship relief under the Proceeds of Crime Act 2002 (Cth) (POCA). Sections 47, 48 and 49 of the POCA provide for forfeiture of property in certain circumstances. In some scenarios the Court will have a discretion to order (or not order) forfeiture. […]
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
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
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