Proceeds of crime legislation has become popular with
governments across the world since the idea was first mooted. The idea was originally based on the
principle of seizing assets that can be proven to have been acquired by
criminal activity.
Since then, the scope has been expanded to meet an ever-growing
appetite by government for more revenue.
Gradually it became the normal thing to seize all assets of
a criminal even if the crime committed did not yield anything like the value of
the accused’s assets, then was set to encompass any profits from media or book
sales after release from prison.
NINE jetsetting Russians have been ordered to explain the source of almost
$30 million stashed in Gold Coast bank accounts.
The accounts
have funded a global splurge on fur, jewellery, designer clothes and luxury
holidays at the Great Barrier Reef, Thailand, Dubai and Italy.
Australian
Federal Police have frozen the fortune through the District Court in Brisbane
as suspected proceeds of crime.
Federal agents
found the money was ``entirely incompatible’’ with the meagre income the
Russians declared on their Australian visas.
But friends told
The Sunday Mail the Russians were behind major legitimate businesses in their
homeland and were preparing to invest in Australia. …
... The AFP told the
District Court there was ``no evidence
available to the AFP that the source of the funds is legitimate’’.
``Nor is there any evidence to AFP that the intended
purpose of the funds is legitimate,’’ the court was told.
``The extremely
large amount of money is entirely incompatible with the declared income of the
nine Russians.” …
… A friend of
the Russians told The Sunday Mail the group had a series of major businesses in
Siberia, including a popular brand of ice cream.
``I don’t know
any Russian who declares their real income when they come to Australia,’’ the
friend said.
Since the
collapse of the Soviet Union, there has been a significant rise in the number
of Russian millionaires, some legitimate, some not.
There is no way
of telling whether these people are legitimate or not, but it is apparent that
the Federal Police have not been able to establish that any crime has been
committed, let alone the nature of such an action. Had they done so, the action
they have taken would be based on that crime, not on the rather nebulous claim
that the origin of the money could be tainted.
Such actions
have no basis in a rational justice system, nor should they exist in a free society.