Table of Contents Sexual Abuse Defined and Examples of Child...
Read MoreTable of Contents
- Who Is the NSW Crime Commission?
- Powers Of Confiscation In NSW
- Forensic Accountant Evidence
Unexplained Wealth Law In Australia
The Crime Commission’s mission is to pinpoint and focus on individuals who have amassed wealth without a clear lawful source. The law governing unexplained wealth necessitates individuals living beyond their ostensible means to substantiate the legality of their financial situation.
This law aims to discourage criminal activities, particularly organised crime, by diminishing the gains from illicit pursuits. Crime Commission holds the authority to scrutinise and commence confiscation proceedings pertaining to unexplained wealth in order to thwart criminal endeavours in Australia.
Who Is the NSW Crime Commission?
The New South Wales Crime Commission (NSWCC) is a specialised law enforcement agency operating within the state of New South Wales, Australia. Established in 1986, its primary objective is to investigate and combat serious and organised crime. The NSWCC operates independently and is tasked with addressing criminal activities that have a significant impact on the community. Here are some key aspects of the NSW Crime Commission:
Jurisdiction
The NSWCC is entrusted with the responsibility of investigating and gathering intelligence on a wide range of criminal activities, including drug trafficking, money laundering, firearms offences, and other serious organised crime or criminal offence. They are usually the prosecuting authority in these types of unexplained wealth provision matters.
Independence
The commission operates autonomously from other law enforcement agencies. This independence is crucial to ensure that investigations are conducted without any undue influence and to maintain public confidence in its operations.
Powers and Authorities
The NSWCC is vested with substantial powers, allowing it to compel individuals to provide information and documents, summon witnesses, and conduct covert operations. These powers are critical for the commission’s effectiveness in tackling sophisticated criminal enterprises. The NSWCC can ask for interim freezing orders, a restraining order, and seizure of assets.
Forensic Expertise
The commission often employs a wide range of forensic techniques, including forensic accounting, electronic surveillance, and other specialised investigative methods, to uncover and analyse evidence against people suspected to be involved in serious crimes.
Asset Confiscation and Recovery
One of the key functions of the NSWCC is to target the assets acquired through criminal activities. This involves the identification and seizure of unexplained wealth, assets, proceeds of crime, or any other criminal property which are then subject to confiscation proceedings.
Powers Of Confiscation In NSW
The New South Wales Crime Commission has the authority to petition the Supreme Court for an unexplained wealth order in accordance with section 28A of the Criminal Assets Recovery Act 1990 (NSW). This order mandates an individual to remit to the Treasurer an amount determined by the Court as the assessed value of their unexplained wealth.
The relevant section states as follows;
(1) The Commission may apply to the Supreme Court for an unexplained wealth order requiring a person to pay to the Treasurer an amount assessed by the Court as the value of the unexplained wealth of the person.
(2) The Supreme Court must make an unexplained wealth order against a person if the Court finds there is a reasonable suspicion–
(a) the person has, before the day the application is made–
(i) engaged in a serious crime related activity, or
(ii) acquired serious crime derived property from another person’s serious crime related activity, whether or not the person knew or suspected the property was derived from illegal activities, or
(b) the person’s current or previous wealth exceeds the value of the person’s lawfully acquired wealth by–
(i) for money–$250,000, or
(ii) otherwise–$2,000,000.
(3) A finding under this section need not be based on a reasonable suspicion as to the commission of a particular offence and can be based on a reasonable suspicion that some offence or other constituting a serious crime related activity was committed.
(4) The Supreme Court may refuse to make an unexplained wealth order, or may reduce the amount that would otherwise be payable as assessed under section 28B, if it thinks it is in the public interest to do so.
(5) Engagement in a serious crime related activity or the acquisition of serious crime derived property referred to in subsection (2) extends to engagement in an activity or the acquisition of property before the commencement of this section.
(6) An amount payable under an unexplained wealth order must not be taken into account in determining a person’s entitlement to legal aid under the Legal Aid Commission Act 1979 .
The Supreme Court is obligated to issue an unexplained wealth order if it determines that there exists a credible suspicion that the individual in question, against whom the order is being sought, has, at any point prior to the application for the order:
- engaged in a serious crime related activity or activities; or
- acquired serious crime derived property from any serious crime related activity of another person, whether or not the person against whom the order is made knew or suspected that the property was derived from illegal activities.
Forensic Accountant Evidence
Cases involving unexplained wealth typically necessitate a substantial body of forensic accounting evidence. These are the types of cases where one can expect to encounter conflicting perspectives from experts on how to interpret transactions.
It is crucial to emphasize the obvious point – the expert’s role is not to provide a definitive answer to the Court, but rather to aid the Court in arriving at one. The presiding Judge is tasked with the responsibility of being convinced regarding the individual’s overall wealth. It is the Judge who must determine if a defendant has successfully demonstrated that a particular portion, or all of their wealth was lawfully acquired.
Forensic accountants can only formulate their opinions based on foundational documents like bank statements and property transfer records. It is imperative to scrutinise the admissibility of these records, as well as any gaps that may exist in them.
Thorough examination of forensic accounting reports is necessary to ensure that they do not inflate total wealth through double counting. For instance, if an individual frequently engages in gambling at a casino, it would be erroneous to assume that every time they cash out chips, it constitutes a ‘win’. Similarly, if someone routinely buys and sells cars, it would be a mistake to classify each purchase as an expense without also treating every sale as income.
There are a number of unexplained wealth order investigation law firms in Sydney, our Parramatta Criminal lawyers can assist you. We will provide you up to 15 minutes free legal advice.
Parramatta Criminal Lawyers
Send An Online Enquiry
“Thank you Lyons Law Group on providing me an
exceptional service delivered with care, compassion
and a high level of professionalism. The outcome
was more than what I had expected. A true
reflection of your legal expertise and experience.
Thank you Mohammad and team.”
Our Recent Articles
Can You Record a Police Officer In NSW?
Table of Contents The Law Obstructing a Police Officer In...
Read More
First Time Drug Supply Charges NSW
Table of Contents Drug Supply Offences Trafficable vs. Indictable Quantities...
Read More
What Is Circle Sentencing NSW?
Table of Contents Circle Sentencing Legislation Sentencing Options and the...
Read MoreWhat Our Clients Say About Us
Subject: Thank YouDear Mohammad, Hijran and Team at Lyons’s Law,I hope this message finds you well. I want to express my sincere gratitude for your unwavering commitment to my case. Your professionalism, patience, and guidance throughout the process were invaluable and ultimately led to a winning outcome.I fully recommend your services to anyone in need of legal assistance. Thank you once again for everything you've done.Best regards,Trav
Mohammad Khan was outstanding . Highly Professional , compassionate and well versed in the law.. Mohammad instilled confidence and kept us informed the entire time . We highly recommend the firm
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient, If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
