26 August 2024

Asset Forfeiture: Commissioner of Police v. Doyle

 

Police pulled together two decades of covert surveillance backed up with forensic examination of banking records to support a High Court ruling that Wayne Stephen Doyle operated as de facto head of Auckland’s Head Hunters East Chapter, resulting in a $11.9 million proceeds of crime order with forfeiture of bank accounts and real estate under his apparent control.

Police provided evidence of methamphetamine supply, extortion, money laundering and benefit fraud.

Justice Andrew ruled proceeds of crime were laundered through property purchases and operation of a supposedly charitable trust named the That Was Then This Is Now Trust.

Mr Doyle’s claim to be no more than a father figure, standing in the background providing pastoral support for disaffected youth, was described as an incomplete picture of his activities.

Justice Andrew ruled Mr Doyle exercised substantial control and influence over east Auckland Head Hunters, including its illegal activities.

Mr Doyle is said to control a property portfolio valued at over $13.6 million.

Nationwide, gangs’ commercial operations share some similarities with law-abiding franchises; branding in the form a common uniform, prescribed rules regarding member conduct and a requirement to pay a tithe or contribution from earnings across to those controlling the franchise.

Within gangs: loyalty is fierce; transgressions punished swiftly.

The High Court was told of Head Hunters support for methamphetamine supply with Mr Doyle approving short term loans having interest rates of up to one hundred per cent; funds used to finance drug purchases.  Head Hunters’ members provided ‘protection’ for dealers and collected overdue drug debts under threats of violence.  A proportion of money received was paid across to entities controlled by Mr Doyle, described in bank deposits as ‘rent,’ or ‘koha.’

Meth pills pressed with Head Hunters symbol ‘88’ attracted a royalty, with a share of revenue on sale paid by dealers to Head Hunters.

Interlopers found to be exploiting the ‘88’ branding without authority were dealt with severely, ‘taxed’ for unauthorised use.  Pretenders purporting to have Head Hunters links when muscling into the local illegal drug trade were similarly ‘taxed.’  Proceeds extorted by ‘taxing’ found their way into accounts controlled by Mr Doyle.

Where ‘taxing’ took the form of seized vehicles, Head Hunters practice was to then put the vehicle up as the prize in a lottery.  Sale of lottery tickets brought in more cash.

Evidence was given that the winning ticket was often the one unsold ticket; the winner was pre-selected with those holding losing tickets unaware of the ruse.

Convicted in 1985 for his involvement in the murder of a King Cobra gang member, Mr Doyle was released on parole in 1994.  He was re-imprisoned four years later following conviction for supply of LSD.

Since his 2001 release, Mr Doyle has not been charged with any criminal offences.

The successful Criminal Proceeds (Recovery) Act application against Mr Doyle is a civil procedure, not a criminal prosecution.  Police had to prove Mr Doyle knowingly benefitted from ‘significant criminal activity’ committed by others.

Evidence was given of Head Hunters’ assets under the control of Mr Doyle being registered in the names of entities over which he had no apparent control.

Police phone intercepts identified Mr Doyle directly or indirectly controlling Head Hunter activities.  Communications between Head Hunters members made it clear they followed his instructions.

Mr Doyle was never a trustee of the That Was Then Trust.

Evidence was given of Mr Doyle banking cash to Trust bank accounts and making Trust decisions single-handedly.  This cavalier disregard for named trustees was illustrated by one instance of a high-ranking police officer being publicly named as a That Was Then trustee without his knowledge or consent.

The Trust holds at least ten different bank accounts.

Justice Andrew described this multiplicity of accounts as probably a deliberate ploy, to obfuscate income from legal and illegal sources.

Residential real estate beneficially owned by Mr Doyle was purchased with proceeds of crime, Justice Andrew ruled.  In one instance, cash was found to complete a purchase when Mr Doyle was in jail with no available assets and supposedly no income.

Gang headquarters on Marua Road in Auckland suburb of Mount Wellington was ordered sold as proceeds of crime.  Current valuation is $4.1 million.  Marua Road was purchased in 2003, funded with commercial loans totalling $330,000.  These loans were repaid within four years.  

Mr Doyle was also held liable for benefit fraud and ordered to repay benefits received since 1994. It was claimed Mr Doyle received some $630,000 he was not entitled to, primarily unemployment benefits, domestic purpose benefits and unsupported child benefits.

A proceeds of crime claim was also made against Mr Doyle’s former partner Harata Raewyn Papuni.

She was held jointly liable with Mr Doyle to pay $2.9 million.

Ms Papuni died in 2023.  The proceeds of crime order is a claim against her estate.

Commissioner of Police v. Doyle – High Court (26.08.24)

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