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Intelligence and Confiscation Proceedings

Law Enforcement Agencies and Intelligence investigative agencies like, the ACIC, AFP Criminal Assets Litigation Unit or the Crime Commission target persons dealing with proceeds of crime to purchase assets, making the said asset a criminal instrument and liable to forfeiture.

A person may be liable to forfeiture of their assets (deemed as proceeds of crime) without being charged with a criminal offence, however in most circumstances they confiscation proceedings and criminal litigation proceed hand in hand.

There are many legal complexities requiring forensic legal analysis and strategy when confiscation proceedings are initiated parallel to or during the course of criminal litigation. One for mention is that the evidentiary thresholds of proof in both matters are different (in criminal litigation the evidentiary threshold is “beyond reasonable doubt” in comparison to confiscation proceedings, where the evidentiary threshold is “on balance of probabilities”) and the admissibility of evidence or oral testimony can be cross admissible in both jurisdictions.

Here our advocates are able to prepare unique defence strategies and brief experts to assist in the most appropriate course for a defendant in managing the litigations conduct and protecting them to secure the best results. Our lawyer are specifically trained in assessing merit and asset protective responses to restraining orders made.


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