Confiscation Proceedings

Confiscations Proceedings in Queensland: How Lawfully Obtained Property can be Seized

The Criminal Proceeds Confiscations Act 2002 (Qld) (“the Act”) was enacted with the main object of removing the financial gain and increasing the financial loss associated with illegal activity.  This is achieved by seizing the proceeds of crime. What may come as a surprise to many, is that property can be seized and forfeited to the State of Queensland, regardless of whether or not a person is convicted of an offence because of the alleged illegal activity. In other words, even if the serious criminal allegations against you remain unproven, or if you are found to be not guilty, the police can...

Criminal Proceeds Confiscation and When the Proceeding will be Stayed

The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in civil proceedings. Nevertheless, the civil proceeding can and often runs...

Finks Bikie Ordered To Hand Over $50k

FINKS bikie Sacha Kahled Nachouki has been ordered to hand over a $50,000 cash surety to the court before he was allowed bail on charges of fraud and extortion.

The 37-year-old Paradise Point man is facing charges of extortion, fraud and failing to answer questions at an Australian Crime Commission hearing.