07 November 2019

Asset Forfeiture: Commissioner of Police v. D'Esposito

Fines in excess of one million dollars imposed for breaches of the Fisheries Act were followed with proceeds of crime penalties totalling $318,900.  Marcus D‘Esposito, Joe D’Esposito and Nino D’Esposito did a deal to have their real estate holdings in the Hawkes Bay released from a government restraining order in return for a cash payment.
Along with related fishing interests, the three pleaded guilty in February 2019 to breaches of fisheries regulations, under-reporting catches.  They personally paid $324,900 in criminal fines for fisheries breaches.
Legal action was also taken under the Criminal Proceeds Recovery Act with freezing orders placed on real estate, motor vehicles and cash. The High Court approved a settlement negotiated under the Act with payment of $318,900 representing the commercial value of 27 tonnes of misreported bluenose fish and 1100 kilograms of paua shellfish unlawfully received.
Commissioner of Police v. D’Esposito – High Court (7.11.19)
19.183