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NSW What Happens to Seized Property Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Sidney McDonald, 23 February 2016.

  1. Sidney McDonald

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    The owner of my gym has been charged with two counts of supply of prohibited drugs, possession of prohibited drugs and knowingly dealing in the proceeds of crime.

    In short, I was wondering what will happen to all his assets and land under Criminal Law? Is there a way of purchasing the gym so it remains operational?
     
  2. Tim W

    Tim W Lawyer

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    Depends.
    For example, if the gym is, or is funded by, proceeds of crime, then it can be forfeit to the Crown.

    By comparison. if it's actually a "legit" business, and a genuine going concern,
    but as a result of criminal proceedings, he is simply unable to continue running it
    (such as if he goes to prison), then it may be possible to negotiate to buy it,
    assuming he wants to sell it.
     
  3. Sidney McDonald

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    Thanks for your reply. It seems like it could have been used as a laundering type deal, he was constantly buying new equipment and whatnot, and we always wondered how he funded it all. It probably has about 60 members though, so if it was forfeited to the crown, what would happen to all the equipment?

    I think that he would be willing to sell it, seemed like a really nice guy to everyone. Although I'd assume you would be looking at imprisonment with 12+ kgs of marijuana and $50,000 cash seized by police.
     

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