WA court orders $175k forfeiture after AFP investigation

The Supreme Court of Western Australia has ordered $175,100 be forfeited to the Commonwealth, following an Australian Federal Police (AFP) investigation into proceeds of crime seized at Perth Airport in 2018.

On 19 October 2018, AFP officers at Perth Airport made the seizure after a 28-year-old man was found in possession of the cash in suspicious circumstances.

A subsequent investigation by the AFP’s Criminal Assets Confiscation Taskforce (CACT) resulted in the man being charged with the following:

  • One count of dealing with money valued AUD$100,000 or more, where it is reasonable to suspect the money is proceeds of crime, contrary to section 400.9(1) of the Criminal Code Act 1995 (Cth).

On 15 August 2019, the AFP’s Criminal Assets Litigation (CAL) team successfully obtained restraining orders pursuant to section 18 and 19 of the Proceeds of Crime Act 2002 (Cth) in the Supreme Court of WA.

On 29 April 2020, the court ordered the $175,100 be forfeited to the Commonwealth pursuant to s49 of the Proceeds of Crime Act 2002 (Cth).

AFP Detective Superintendent Timothy Underhill said the outcome will result in significant funds flowing back into the Australian community.

“Unfortunately, unexplained wealth often goes hand in hand with crime and undermines the tax and social responsibilities that most Australians share,” Detective Superintendent Underhill said.

“This case demonstrates the AFP’s commitment to investigating and litigating proceeds of crime matters to ensure that criminal profits are redirected away from crime and towards vital community services.”

The seized funds will be deposited into the Confiscated Assets Account, which is managed by the Australian Financial Security Authority (AFSA) on behalf of the Commonwealth. The funds can be used to benefit the community through crime prevention, intervention or diversion programs, or other law enforcement initiatives.

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