Proceeds of Crime Litigation
Precise legislation and protocols are established to hold accountable individuals involved in handling the proceeds of criminal activities and to facilitate the forfeiture of assets derived from illicit actions. Igor Kazagrandi, with his extensive expertise and profound comprehension of the legal landscape concerning criminal proceeds confiscation, stands at the forefront. Leveraging his wealth of experience and nuanced understanding of the judicial process, Igor can meticulously craft a robust legal defence strategy for individuals facing allegations linked to various offences associated with criminal proceeds.
Focus on the Proceeds of Crime Act (Cth) and Collaborative Insights
Recent focus has been directed towards the Proceeds of Crime Act (Cth), a legislative domain that navigates the intricate landscape of criminal proceeds confiscation matters. Esteemed within the legal community for its complexity and rigorous demands, this legislation has captured Igor’s interest. In pursuit of mastery, he has fostered a strong professional partnership with Marcus Hassall, a distinguished authority affiliated with Henry Parkes Chambers in Canberra. Revered as one of the foremost Counsels possessing extensive expertise in this specialised legal realm, Marcus Hassall’s collaboration has greatly enhanced Igor’s proficiency and comprehension in this multifaceted area of law.
Facing Criminal Charges: Dealing with Proceeds of Crime
Within New South Wales, engaging with the proceeds of crime is a prohibited act. This encompasses actions such as receiving, possessing, concealing, or disposing of such proceeds. The legal framework for these offenses is outlined in sections 193B and 193C of the Crimes Act 1900 (NSW). Under these provisions, individuals who knowingly or recklessly engage with the proceeds of crime are deemed to have committed a criminal offense. Moreover, a more severe offense is incurred if the individual endeavours to conceal these activities.
While the Commonwealth legislation mirrors the state laws to a large extent, the international dimension introduced by the Proceeds of Crime Act (Cth) brings forth distinctive nuances that frequently intertwine with foreign jurisdictions. In such instances, an essential element is a familiarity with the foreign legal landscape.
In prosecuting these offenses, the burden rests on the prosecution to establish each element beyond a reasonable doubt. The individual facing charges retains the right to mount a robust defence. A pivotal defence strategy often centres around proving that the accused lacked reasonable grounds to suspect that the property they engaged with was, indeed, the proceeds of a criminal activity.
Seizure of Assets
Law enforcement agencies, such as the New South Wales Police Force, may initiate the process of seizing assets suspected of being the proceeds of crime. The police will gather evidence about the suspected assets and apply to the Supreme Court for restraining orders or freezing orders to prevent the dissipation of those assets pending further investigation. The Supreme Court has broad powers to issue restraining orders, forfeiture orders, and compensation orders.
The burden of proof in these cases is usually lower than in criminal trials, requiring a balance of probabilities rather than proof beyond a reasonable doubt. The court will consider evidence relating to the criminal activity said to have produced the asset, the connection between the assets and the offence, and any legitimate claims or defences raised by the affected parties.
Affected parties, such as individuals whose assets have been restrained or who claim a legitimate interest in the assets, have the right to defend their interests and challenge the confiscation proceedings.
It is not uncommon for entirely legitimate assets to be mistaken as the proceeds of crime. In such cases, an experienced lawyer will focus on proving the legitimate source of the assets and income.
In other cases, there may be evidence of some assets being proceeds of crime, but the state is overzealous in seizing assets that are unrelated to the criminal activity. In those instances, the focus is on ensuring a balance between the punishment for wrongdoing and the preservation of an individual’s legitimate rights and assets.
Quality representation is crucial to navigate the intricacies of the legal process and protect one’s rights in this area of law, which is recognised by the profession as extremely difficult and challenging. We have a close professional relationship with one of the most experienced barristers in this area and can provide expert legal guidance and advocacy.
If you need assistance, contact [email protected] or call 02 9233 3050 for expert legal advice.