Asset Forfeiture Dictionary
Asset forfeiture is a term used to describe the confiscation of assets, by the state, which are the proceeds of crime.
Assets forfeiture order
An assets forfeiture order is an order allowing the State to confiscate and 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 for the benefits derived from a drug trafficking offence.
An exclusion order is an order which excludes some or all of the 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.
In some circumstances, a restraining order may provide for paying for a person’s reasonable legal costs.
NSW Director of Public Prosecutions (DPP)
The NSW DPP is responsible for the prosecution of all serious crime in NSW.
Pecuniary penalty order
A pecuniary penalty order is an order compelling an offender to pay money for the benefits derived from criminal activity.
Proceeds assessment order
A proceeds assessment order is an order compelling an offender to pay to the Treasurer the amount of 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
The dependants and spouse of a person who an assets forfeiture order is made against may apply for relief against forfeiture if the applicants will suffer hardship as a result of the assets forfeiture order, and if the applicants had no knowledge of any serious criminal related activities or illegal activities of 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 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 the amount of unexplained wealth of the person.
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.