Our Approach to proceeds of crime defences

Active
BRAVE
creative
defence

WE DO STRATEGY WORK UP FRONT, SO THAT WE CAN BE QUICK AND FLEXIBLE LITIGATORS DURING THE PROCEEDING.

FOR CASES THAT INVOLVE SIGNIFICANT FAMILY PROPERTY, WE BELIEVE THIS WORK IS CRITICAL AND IN YOUR BEST INTERESTS.

FOR CLIENTS THAT HAVE MULTIPLE PROCEEDINGS ON FOOT AT ONCE, DOING STRATEGY WORK UP FRONT IS IMPERATIVE.

This is an area of law, and a piece of legislation, that has not been used well by Respondents, Interested Parties, their creditors, children, and families in the last ten years. There are provisions for relief under the Act, that for some reason (?), many barristers who frequently acted for clients in this practice area simply did not use: see [2017] NZLJ 274.

That is not good enough. The people who are most unjustifiably affected by proceeds law are friends, family members, children, creditors, and other interested parties who had nothing to do with the criminal activity, but who are still made to suffer the loss of their property (or their interests in property). As we always say online and among our group of like-minded lawyers, forensic accountants, and private detectives (all ex Police): if you do not know how to apply for relief or argue for relief under this Act, then you need to refer that client on to a barrister who does.

HOW WE DO IT

We start with a broad or lateral view of the various areas of law that could apply to property. 'We go wide first'.

We then check whether there are other people who are not joined to the proceeding who may have legal interests or connections with specific property that we could say are "interests" under the Criminal Proceeds (Recovery) Act.

We check if there are any creditors of our respondent clients who could be 'helpful' and have a 'common interest' with our clients.

We check whether there are 'synergies' between respondents and interested parties, particularly where it is said a respondent is in effective control of an interested party's property.

We interview you about the use and provenance of property to family, any elderly or vulnerable or sick members of a family, and to any children. These interviews will be comprehensive.

We interview you about your interactions with Asset Recovery Unit detectives and investigators. We ask questions about any raid you have experienced. We consider whether there have been breaches of public duties and obligations by the police, official assignee or others in relation to your case.

We liaise with your criminal barristers if you are actively defending criminal charges, or are considering an appeal, or have an appeal on foot.

We then take all of this information, research, and ideas and formulate a broad strategy forward for our clients - we get your approval on steps and fees at every milestone of the proceeding. We include strategy going from the commencement of our involvement in the matter right through to the determination of a forfeiture hearing; after which, comes the issues of costs and any potential appeal points.

We deliver this strategy in easy to read form in plain English language. We want out clients to understand what their defence is and to be confident in the steps we are taking together.