The Official Assignees Role in the Criminal Proceeds (Recovery) Act 2009 The CPRA 2009 directs the Official Assignee for New Zealand (OANZ) to take into custody and control assets that are ordered to be restrained or forfeited by the Court. It also directs the OANZ to: dispose of confiscated assets (being both instruments of crime and assets confiscated under an asset forfeiture order in civil and non conviction based cases); dispose of assets that have been restrained to meet a profit forfeiture Order (PFO) in civil cases; and enforce PFOs where assets do not meet the amount specified to be repaid by the respondent. The civil regime enables the Courts to order forfeiture of unlawfully derived property or an amount of property assessed to be the value of a person’s unlawfully derived income. The changes to the instruments forfeiture regime established by the previous legislation mean that people who forfeit an instrument of crime following conviction (for example, a house used to grow cannabis) will have that forfeiture taken into account in their overall sentence. Most pertinent to the Official Assignee criminal proceeds management function is that the CPRA 2009; enables civil profit forfeiture orders to be established as a debt to the Crown; provides that the recovery of any such debt to the Crown will be undertaken by the Official Assignee; and, provides the Official Assignee with powers to realise forfeited assets from a forfeiture order 28 days after all appeals have been resolved; also, provides that restraining orders must be renewed every 12 months as necessary; and, increases the penalties in the Act to a level designed to more likely deter a breach of legislation. insolvency.govt.nz/cms/site-tools/about-us/proceeds-of-crime
Posted on: Thu, 26 Jun 2014 22:52:34 +0000
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