State and federal legislation now confers on various government agencies a wide power to confiscate assets that are the proceeds of crime or used in the furtherance of criminal activity. In some jurisdictions this will include a power to ‘deem’ assets used in the furtherance of a crime if a different asset, not owned by the convicted person, was used in lieu of the asset used. A common example is the confiscation of a residential property owned by a defendant where a commercial quantity of marijuana was grown in a leased warehouse.
The powers conferred by legislation are sweeping and broad; assets such as cash, jewellery, motor vehicles, white goods, machinery, commercial real estate and residential real estate can all be subject to confiscation proceedings. Assets can, depending on the jurisdiction and circumstances, be confiscated even when they are held in the name of a related or unrelated party if the Crown can prove that asset to be a proceed of crime or purchased with such or, in some other fashion, related to particular offending of the accused.
Culshaw Miller Criminal Lawyers enjoys the support of a large network of expert commercial and property lawyers, and so are able to draw on both criminal law and commercial law expertise to protect our clients’ assets from criminal confiscation proceedings undertaken in any jurisdiction – whether in Adelaide, Perth, Melbourne or abroad.