Recovering the proceeds of crime
Proceeds of crime refers to any money or property gained from criminal activity. Confiscating criminal proceeds deters and prevents crime by attacking its profitability and removing funding for further criminal activity.
In Queensland, the Criminal Proceeds Confiscation Act 2002 (CPCA) enables confiscation of:
- property derived directly or indirectly from criminal activity
- property used in committing an offence, even if it was lawfully acquired
- property belonging to serious drug offenders
- property of individuals who are unable to explain how they lawfully acquired their wealth.
In broad terms, the steps to recover proceeds of crime are:
- Investigation and evidence gathering
- Restraint (temporary hold is placed on property)
- Forfeiture (permanent loss of property)
- Disposal of property (property is sold by the Public Trustee).
Under the CPCA the CCC administers two confiscation schemes to restrain and forfeit property. Read more about how these schemes operate.
Agencies involved in recovery
The CCC works closely with the Queensland Police Service and the Director of Public Prosecutions (DPP) in identifying and litigating proceeds of crime matters.
It also deals extensively with the Public Trustee of Queensland, who is responsible for holding restrained property in trust and disposal.
Disposal of forfeited property
Forfeited property is sold by the Public Trustee of Queensland and goes back into the State’s consolidated revenue fund.