It read as a long rap sheet: smuggling, illegal gambling and loan sharking; none of which led to a criminal prosecution but instead to a court-approved proceeds of crime settlement with payment of $141,480.
A June 2021 combined police and customs search of Yanxian Liu’s home in the Auckland suburb Favona unearthed large sums of cash together with smuggled Chinese cigarettes and tobacco. A search of his phone proved enlightening; images of individuals gambling with large sums of cash together with a ‘tick list’ which appeared to be a list of debtors owing gambling debts to Mr Lui. The cash was from gambling on mah-jong games at a Chinese restaurant in Newmarket, Mr Lui admitted. He also admitted to loan sharking; lending to gamblers.
Customs told the High Court there was no evidence that Mr Lui had paid excise duty or GST on the imported tobacco and cigarettes. Internal Affairs said no gambling licence had ever been issued for mah-jong gambling in the Newmarket area. There was no evidence of his registration as a financial services provider permitted to make loans. No income tax had been paid on these various business activities.
The High Court approved an agreement between police and Mr Liu that the $141,480 seized from his home be forfeit under the Criminal Proceeds (Recovery) Act as proceeds of crime.
The court was told no criminal charges have been laid.
Commissioner of Police v. Liu – High Court (21.04.23)
23.053