Possess Proceeds of Crime (Money Laundering)

Our client was a teenager charged with Possess Proceeds of Crime (money laundering) involving cash with a value of $1.5 million.

What is alleged to have occured?
It was alleged that he transported this money into Victoria and wired it out of Australia to China on behalf of a syndicate. He was arrested at the airport together with a co-accused and, at the time, was found to be in possession of $700,000 cash. The co-accused made a statement against him confirming his orchestration of picking-up the cash interstate.

During the course of investigation, the police was able to link him to further $900,000 cash transfers to various banking institutions in China using his details, including CCTV and stills confirming his identity.

What happened at court?
We acted on the client’s behalf at the Melbourne Children’s Court on the charge of Dealing with Property Suspected of Being Proceeds of Crime.

We were able to dissect the brief and established that there was insufficient evidence (money trail) to prove that it was a case of money laundering. The charge was successfully downgraded to Possess Proceeds Reasonably Suspected as Being Proceeds of Crime which is the lowest form of the offence.

What was the result?
Despite the amount alleged and the fact that it was a case with an original charge of Possess Proceeds of Crime (money laundering), we were able to limit the period of detention to 3 months and to arrange with the Department of Immigration not to cancel our client’s visa and to not detain him in immigration detention. We persuaded the department to instead liaise with his family to arrange for voluntary departure without deportation on his record.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 07/03/2017