14 March 2018

Asset Forfeiture: Commissioner of Police v. Balle

Jacob and Natalia Balle will lose their family home with police laying claim to the net equity in their $1.37 million property at Taylor Road, Waimauku west of Auckland after finding a commercial cannabis operation.
A March 2017 drugs raid uncovered over 150 cannabis plants growing under heat lamps and fans powered by a portable generator.  In addition, a large amount of cannabis was discovered being dried.  Cash totalling $41,000 was also found.  Jacob pleaded guilty to cultivation; sentenced to 150 hours community work. Police enquiries identified the Taylor Road property was purchased in 2011 out of legitimate income with the help of a large mortgage.  In the two tax years surrounding this purchase Jacob declared income of $112,200 and $77,000.  In the subsequent five tax years he declared no income.  Over this seven year period $958,000 in cash was paid into various bank accounts held in their names.
In an agreed settlement under the Criminal Proceeds (Recovery) Act, Taylor Road is to be sold.  Currently valued at $1.37 million, there is a $705,000 mortgage.  The High Court ordered $50,000 of the net proceeds be paid to Natalia.  There was evidence she currently has care of three children and is estranged from her former husband.  The balance of some $620,000 is forfeit.
Commissioner of Police v. Balle – High Court (14.03.18)
18.056