02 November 2016

Asset Forfeiture: Commissioner of Police v. Burgess

A west Auckland lifestyle property and $20,000 cash together with a John Deere tractor and 1980 Corvette were forfeited to the Crown as proceeds of crime to satisfy a $2.03 million High Court order against Rob and Llannys Burgess implicated in fencing stolen jewellery as second-hand dealers. 
Rob Burgess was convicted in 2014 of receiving stolen property.  Mrs Burgess was convicted of offences under the Secondhand Dealers and Pawnbrokers Act and held subsequently in the High Court to be well aware of her husband’s illegal activity.  Assets controlled by the two were confiscated following a Criminal Proceeds (Recovery) Act hearing.  The court was told stolen gold and jewellery were purchased for cash with the gold then melted down at their lifestyle property in Henwood Road, Taupaki.  Police identified that they received $2.03 million over a six year period from melting down stolen gold.  Their declared income over the same period averaged less than $7300 per year. 
Justice Venning ordered forfeiture of assets proved to be purchased with the proceeds of crime.  The major asset forfeited is Henwood Road, purchased in 2006 for $1.05 million.  Mrs Burgess was held entitled to keep $372,000 from the proceeds of sale (being a half share of the equity in Henwood Road when purchased) and their son Karl Burgess was entitled to $42,000 (as compensation for time spent upgrading and extending buildings at Henwood Road).  There was no evidence that Karl Burgess was aware of any criminal activity by his father prior to arrest.
Commssioner of Police v. Burgess – High Court (2.11.16)

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