Crime Commission matters often operate alongside a criminal prosecution. They can involve extraordinary investigative powers and serious legal and financial consequences. If you face a matter in the Crime Commission or the confiscation or forfeiture of an asset, our experienced criminal lawyers can advise you on your rights and obligations, at every stage of the process.
Our criminal defence team advises and represents clients in:
We can also provide robust legal representation in an investigation or proceedings, when mistakes can carry lasting consequences.
The Criminal Assets Recovery Act 1990 (NSW)
The Criminal Assets Recovery Act 1990 (NSW) empowers the NSW Crime Commission with extensive and significant investigative powers into a person’s financial assets and affairs. The Crime Commission will investigate whether someone has been involved in any serious criminal activity, and whether any financial assets (e.g. bank accounts) or property has been tainted by the proceeds earned from their involvement in serious criminal activity.
Serious criminal activity can include:
Restraining Orders and “Interests” in Property
If the Crime Commission suspect that an asset is tainted by criminal proceeds, the Crime Commission can seek an order from the Supreme Court of NSW to restrain your assets (such as your property, interests, bank accounts, or property held in another person’s name name) cannot be dealt with or sold.
An interest in property can include any form of personal or real property, that may have been tainted by proceeds that a person has obtained through their involvement in serious criminal activity.
The NSW Crime Commission can seek a restraining order over an individual even if that person has been tried and acquitted of an offence, or if someone has been convicted of the offence and that conviction has, on appeal, been quashed or set-aside.
If you have received a Summons from the Crime Commission or have been served with court documents from the Crime Commission, you should seek urgent legal advice.
