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Criminal Assets Bureau entitled to interlocutory order

By: Hannah Godfrey BL

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High Court makes interlocutory order in respect of one property, holding that it had been bought with the proceeds of crime, but refuses to make an order in respect of a second property where the evidence presented was insufficient, and makes findings, inter alia, that: (a) the only credible inference that could be drawn from the evidence was that the first respondent had been in receipt of substantial sums of cash as the proceeds of crime for years and that since 2007 he had no longer been using bank accounts to launder money; (b) any business activities, other than the business of crime, in which the first respondent was engaged were financed directly or indirectly by proceeds of crime and any assets generated through those activities were derived from crime; and (c) there was no evidence that established that any risk of injustice would result from making the order.

Application for interlocutory order under s. 3 of the Proceeds of Crime Act 1996 - respondents are married couple - in 2016 second respondent bought strip of land for €100,000, which has since been controlled by the respondents - in 2017 first respondent bought eleven acres of land for €40,000, which has since been controlled by the first respondent - prior to 2016 respondents had no recorded employment or business. and only recorded income was social welfare payments - claim by applicant that purchase of first property was funded directly or indirectly from proceeds of crime - while most of money used to purchase second property came from legitimate sources, claim by applicant that sums of €9,500 and €14,500 were also proceeds of crime - belief of gardaí that first respondent had been involved in organised crime over a lengthy period - whether there was sufficient evidence to establish that the two properties were purchased with the proceeds of crime.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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