Allegedly part of $US119 million embezzled from Venezuela’s state-owned oil company, the Court of Appeal confirmed $US11.85 million held in a BNZ account be restrained pending evidence the funds are proceeds of crime. Andreina Gamez Rodriguez, wife of a Venezuelan lawyer, claims the BNZ account holds money she earned working as an architect.
The court was told Ms Rodriguez’ husband, Louis Carlos De’Leon Perez, pleaded guilty in a US court as party to a scheme extracting bribes in relation to oil company transactions. He was prosecuted in the United States after extradition from Spain. He is yet to be sentenced. His share of the bribery scheme was $US16.1 million.
Bank of New Zealand made enquiries about the provenance of $US11.85 million transferred into a New Zealand account in March 2019. This account was in the name of Hamilton-based MAP and Associates Trustee Company Ltd; the funds described as being held on behalf of Ms Rodriquez. The size of the transfer triggered Bank enquiries under money-laundering legislation. It notified police after Ms Rodriguez made patently false explanations about how she came into possession of the money and could not provide any plausible explanation. She said she earned the money as an internationally recognised architect and had been living separate from her husband for the previous three years. Further Bank inquiries found none of this true.
Challenging a restraining order imposed by the High Court, Ms Rodriguez said the funds should be released; police used the wrong Criminal Proceeds (Recovery) Act procedure. The admitted bribery took place overseas; the Act requires any request for a restraining order to come from overseas police authorities, she said.
Banking into a New Zealand bank account money criminally obtained overseas can lead to criminal charges of money-laundering in New Zealand, the Court of Appeal ruled. No overseas request is required before New Zealand police can apply for a restraining order. A further court hearing is required to determine whether in fact the $US11.85 million is proceeds of crime.
Rodriguez v. Commissioner of Police – Court of Appeal (26.11.20)
21.002