Innocent victims in proceeds of crime
CPD Seminar - 23 June 2021
Innocent victims in proceeds of crime – recent developments in recovering restrained property
The last few years have seen several innocent people unfairly losing money restrained under federal and various state proceeds of crime legislation after falling victim to “cuckoo smurfing”, money laundering and other alternative remittance methods, notwithstanding that they had not committed any offence themselves.
This CPD will provide practical guidance on assisting innocent third parties to prove the forfeiture exceptions in s 330(4)(a) of the Proceeds of Crime Act 2002 (Cth) and the s 22(b)(i) of the Confiscations Act 1997 (Vic), drawing from the decisions in DPP v Le (2007) 296 ALR 96, Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 273 and Gwe v Commissioner of the Australian Federal Police  NSWCA 350.