21 September 2018

Asset Forfeiture: Commissioner of Police v. Sun

Twice convicted of drug offending and serving cumulative jail sentences of ten years, Jia Sun did a deal with the authorities who threatened to sell his family home, confiscate $77,100 cash seized during drug busts and to slap on him a two million dollar profit forfeiture order.  In a court-approved settlement under the Criminal Proceeds (Recovery) Act he surrendered the cash and former wife Angie Guo gets to keep the house once the two stump up $422,700.
Sun is the registered owner of a home on Laurel Oak Drive at Schnapper Rock on Auckland’s North Shore.  Its current rateable value is $1.4 million.  There is a $661,000 mortgage registered against the title.  Police found cash totalling $67,800 at the property during a drug bust.  A further $9300 cash was found at his offices in Auckland’s Queen Street.  Police allege the cash and equity in Laurel Oak came from dealing in pseudoephedrine, ephedrine and methamphetamine.  In 2015 he was sentenced to six years jail for possession and dealing.  In 2017, a further four years jail time was added for drug offences committed whilst on bail prior to the first sentencing.  The High Court was told for the six tax years prior to his arrest, Sun’s declared income to Inland Revenue totalled $65,800.  In four of those tax years, he declared no income.
In the agreed settlement, Sun agreed to confiscation of the cash found at Laurel Oak and at his offices.  Ms Guo and her stepmother Shi Wen take ownership of Laurel Oak on payment of $422,777 to government.  Mrs Guo strongly denies any knowledge of or benefit from her former husband’s offending.  As part of the agreed settlement, police agreed not to pursue profit forfeiture orders against either Sun or Ms Guo.
Commissioner of Police v. Sun – High Court (21.09.18)
18.184