In this section you will find information about the circumstances in which a person suspected to have been involved in a serious crime related activity can be required to forfeit assets or money the NSW Crime Commission.
Please select the article you would like to know more information about or read on for general information about asset forfeiture following conviction of a serious offence.
GENERAL INFORMATION ABOUT ASSET FORFEITURE WHERE THERE HAS BEEN NO CONVICTION
If a person is suspected of involvement in a serious criminal activity an application can be made for one (or more) of the following confiscation orders:
- A restraining order, which is an order that no person is to dispose of, or interfere with (or attempt to dispose of or interfere with), the property specified in the order, except in such manner or in such circumstances (if any) as are specified in the restraining order; or
- An assets forfeiture order, which is an order allowing the State to confiscate and dispose of property (the property is normally subject first to a restraining order); or
- A proceeds assessment order, which is an order compelling an offender to pay to the Treasurer the amount of money they have derived from illegal activity; or
- An unexplained wealth order, which is an order requiring a person to pay to the Treasurer the amount of unexplained wealth of the person. A serious criminal activity includes an offence against the laws of NSW that involved any offence punishable by at least 5 years imprisonment.
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.
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