'Proceeds of crime’ confiscations extend to assets held overseas. Convicted for possession and sale of class C drugs, Allen Bryan Cho surrendered assets valued at $1.13 million including his interest in US real estate.
Cho was sentenced to ten months home detention in March 2018, having been snared in Operation Ark a police drug surveillance commenced back in 2010. Police seized cash and motor vehicles in Cho’s possession and had a restraining order placed over a New Jersey property registered in the name of his parents.
In a negotiated settlement under the Criminal Proceeds (Recovery) Act, Cho surrendered cash seized and the cash value of money he put into the New Jersey property. The US restraining order was lifted so his parents could mortgage the property, raising cash for Cho’s payment. Police accepted part of the New Jersey purchase was funded legitimately by Cho’s parents. A 2001 BMW was returned to Cho together with the cash value of his 1992 Nissan Skyline, sold by police after it was seized.
Commissioner of Police v. Cho – High Court (24.10.18)
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