Today the Crime and Misconduct Commission (CMC) successfully obtained an order in the Supreme Court in Brisbane forfeiting $4.3 million in cash to the State of Queensland following successful proceeds of crime action.
The order forfeiting the $4.3 million is the largest cash forfeiture since the CMC began administering the proceeds of crime scheme in 2003.
Justice Byrne SJA granted the order against Mr Arian Shabanzadeh forfeiting cash in the amount of $4,340,140.
The CMC commenced proceeds of crime action in November 2012 following the charging of Mr Shabanzadeh in October 2012 with weapons and drug offences. The CMC understands criminal proceedings in relation to those offences remain ongoing.
The $4,340,140 forfeiture order includes over $4.1 million of cash seized from a storage unit in West End.
Under the non-conviction civil confiscation scheme governed by Chapter 2 of the Criminal Proceeds Confiscation Act 2002, the CMC must satisfy the Court of a reasonable suspicion that Mr Shabanzadeh engaged in a serious crime related activity.
The CMC’s Director of Financial Investigations, Angela Pyke, said today’s forfeiture order should serve as a warning that people can still face proceeds of crime action regardless of a criminal conviction.
“The CMC restrains assets which typically include vehicles, property and some cash. However, today’s order related solely to cash and it is the largest cash forfeiture order since the CMC began administering the proceeds of crime scheme,” Ms Pyke said.
“The CMC can commence civil action to restrain assets of people believed to be involved in serious criminal activity long before they are convicted of a criminal offence.
“The CMC administers both the non-conviction based confiscation scheme which includes the new unexplained wealth regime and the Serious Drug Offender Confiscation Order scheme.
“Having different confiscation tools available under the Criminal Proceeds Confiscation Act allows financial investigators at the CMC to choose a scheme which provides the best outcome to the State of Queensland in removing financial gain associated with illegal activity.”
Since 2003 when the Criminal Proceeds Confiscation Act came into force, the CMC has returned $62,014,127 to the State of Queensland and restrained $169,878,041 worth of assets.
