Asset Forfeiture Dictionary
There are many terms you will come across when reading our articles about asset forfeiture so we’ve explained what each of the terms means in our asset forfeiture dictionary. Please note that some of these legal terms have different meanings when they are used in relation to other areas of law. For more detailed information, see each of the pages below.
Asset forfeiture is the confiscation of assets that were obtained from the proceeds of crime. Assets are forfeited to the state or federal government after a court order.
Assets Forfeiture Order
An assets forfeiture order is an order allowing the state or federal government to confiscate and/or dispose of property (the property is normally subject first to a restraining order).
Commonwealth Director of Public Prosecutions (DPP)
The CDPP is responsible for the prosecution of offences against Commonwealth laws. The CDPP may sometimes be called “the Commonwealth” or “the Crown” in Court.
Drugs Proceeds Order
A drug proceeds order is an order compelling an offender to pay money to the commonwealth or state that is the proceeds of drug trafficking offences.
An exclusion order is an order which excludes some or all of a property from a restraining order.
A forfeiture order is an order allowing the State to confiscate and dispose of property (the property is normally subject first to a restraining order).
A freezing order is an order that a financial institution must not allow the balance of a named financial account to be reduced.
Legal costs are the costs a person pays in the course of conducting litigation.
Pecuniary Penalty Order
A Pecuniary Penalty Order is an order compelling an offender to repay money derived from criminal activity.
Proceeds Assessment Order
A Proceeds Assessment Order is an order compelling an offender to pay to the Treasurer the money they have derived from illegal activity.
A Production Order requires a person to produce or make available for inspection any property-tracking documents that are in their possession or control.
Relief Against Forfeiture
Relief Against Forfeiture is an application that the dependants and spouse of a person who is subject to an Assets Forfeiture Order can make. It allows them to be compensated for any hardship they will suffer hardship as a result of the Assets Forfeiture Order if they had no knowledge of any serious criminal activities by the person subject to the Asset Forfeiture Order.
A Restraining Order is an order that no person is to dispose of (or attempt to dispose of), the property specified in the order, except in such manner as is specified in the restraining order. A restraining order in this context is not the same as a restraining order in the domestic violence context.
A serious offence includes any offence that may be prosecuted on indictment.
Tainted property means property that was either used in the commission of a serious offence or obtained by the defendant as a result of the commission of a serious offence.
Unexplained Wealth Order
An Unexplained Wealth Order is an order requiring a person to pay to the Treasurer a sum of money for which they are unable to account.
If you would like further information on asset forfeiture or any other legal matter, please contact us.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.