Police have secured the forfeiture of $1.17 million in property under the Criminal Proceeds (Recovery) Act following a High Court judgment issued last week.
The assets, which include a forestry block and property, will be forfeited by Valentine Nicholas, a senior member of the Maketu Mongrel Mob.
The judgment follows two criminal trials where Mr Nicholas was facing charges of money laundering. Mr Nicholas was found not guilty at a second trial after the first trial ended in a hung jury.
The judgment is a significant decision and a reminder to all that the absence of a criminal conviction does not prohibit the successful forfeiture of assets under the Criminal Proceeds (Recovery) Act, says Detective Inspector Paul Hampton
The judgment from Justice Hinton in the Tauranga High Court found Mr Nicholas could not show evidence of a legitimate source of income for a number of years. Instead the court found Mr Nicholas had profited to the value of $1.17million from criminal offending.
“Police believe the forfeiture of these assets will have a significant impact on preventing harm in the Bay of Plenty community by ensuring profits from criminal activity cannot be reinvested into future criminal activity,” Detective Inspector Hampton said.
The successful forfeiture follows extensive work with partner agencies, such as the Ministry of Social Development and Inland Revenue and reflects the whole-of-government approach to targeting organised crime.
The judgment from Justice Hinton found Mr Nicholas had an interest or control over the assets in question and that the assets were derived from significant criminal activity.
Under the Criminal Proceeds (Recovery) Act Police have restrained and secured the forfeiture of over $390 million of cash and assets since December 2009.
“The recovery and forfeiture of assets under the Act is an important preventative tool as it reinforces the message that crime doesn’t pay.”
ENDS
Issued by Police Media Centre