Proceeds of Crime and Money Laundering
The Proceeds of Crime Act 1992 provides for the confiscation of assets, property or money used in or gained from serious criminal offending.
The Police have Proceeds of Crime staff based in Auckland, Hamilton, Wellington and Christchurch to investigate offenders' assets, make applications to the courts, and help with criminal investigations.
The Government is in the process of replacing this Act with new legislation to introduce both a new conviction-based regime and a civil forfeiture regime. Civil forfeiture will allow the proceeds of crime to be taken away from organised crime where there is clear evidence of benefit having been derived from criminal activity, but where the evidence falls short of a very high threshold required for a criminal conviction.
The High Court will be able to order civil forfeiture where the Crown can show, on a civil standard of balance of probabilities that a person has benefited from criminal activity.
Indepth Forensic are experienced in the Proceeds of Crime and money laundering methods and the standard of proof essential in such cases.
We are able to assist in the investigation and claims of money laundering and any Proceeds of Crime applications.
We are also able to independently deal with the management of assets which are subject to Proceeds of Crime restraining orders whilst the matter is being considered by the Courts.