14 March 2018

Asset Forfeiture: Commissioner of Police v. Rose

Jailed for defrauding his employer Mercury Energy, Paul Kenneth Rose forfeited assets totalling $683,000 as proceeds of crime. The High Court was told Mercury is negotiating with government lawyers to get a slice of this money. 
Rose was convicted of fraud in 2016 after diverting Mercury Energy purchases through dummy companies he controlled.  This conflict of interest enabled him to cream off a personal benefit unbeknown to Mercury, then known as Mighty River Power.  The High Court approved an agreed settlement under the Criminal Proceeds (Recovery) Act.  Police collected $727,800 from the sale of three residential properties and a 2008 Audi motor vehicle.  Of this, $683,000 was confiscated.  $45,000 was returned to Rose.  This reflected Rose’s responsibilities in caring for several young children.  A 1979 Ducati Desmo motorbike also seized by police was returned.  There was no evidence this $20,000 motorbike was purchased with tainted money.
Commissioner of Police v. Rose – High Court (14.03.18)
18.055