11 August 2022

Asset Forfeiture: Commissioner of Police v. Shakib

Convicted in 2017 of customs fraud, Amar Raouf Shakib’s assets including an Auckland property with net equity of some $1.2 million have been restrained by police as proceeds of crime ahead of potential forfeiture.   

Shakib was jailed for three years and four months following a double-invoicing scam used to reduce duty payable on flavoured tobacco imported from the Middle East.  Lower value invoices were provided for consignments crossing the border; invoices stating the higher price for actual payment were sent separately.

Police applied under Criminal Proceeds (Recovery) Act to have restraining orders placed on his Mercedes-Benz car, a bank account holding about $1500 and his property in Auckland suburb St Johns. The High Court was told the car’s whereabouts is unknown.  Shakib has left New Zealand.

Police say the St Johns property is liable to confiscation as ‘tainted property’ because profits generated from the customs fraud were used to pay down the mortgage. 

Prior to his conviction, Shakib paid in full all customs duties owed totalling some $313,000.  His parallel application to have all seized tobacco returned was refused.

Commissioner of Police v. Shakib – High Court (11.08.22)

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