24 September 2018

Asset Forfeiture: Commissioner of Police v. Wellington & Moana

Riki William Wellington and Christiana Kaneihana Moana agreed to surrender assets valued at $176,000 as proceeds of crime.
Wellington was sentenced to thirteen years imprisonment on charges of methamphetamine possession and supply.  This followed a police bust in 2016 when cash and cars were seized during raids in Auckland and at the Christchurch home of Wellington and Moana.  Ms Moana denied all knowledge of the nearly $159,000 cash found in a bag in their wardrobe.  Police raids were the culmination of a ten year investigation: Operation Virunga. Police allege both Wellington and Ms Moana earned drug profits in excess of the assets seized but police took a pragmatic approach since no other assets purchased with the proceeds of crime were found.  The court was told the two received minimal legitimate income in the previous seven years. It was agreed no profit forfeiture orders would be sought if the two surrendered both $160,240 cash seized in the 2016 drug raids and proceeds of sale of three motor vehicles seized at the same time: a Toyota Mark X, an Audi 8 and a Toyota Hiace.  The agreed settlement was approved by Justice Muir under the Criminal Proceeds (Recovery) Act.  Ms Moana was paid the $4400 realised from the sale of a seized Volkswagen Touareg.  She said she owned the Touareg, despite it being registered in Wellington’s name, and that she had not purchased the vehicle with tainted money.
Commissioner of Police v. Wellington & Moana – High Court (24.09.18)
18.188