Practical

Question 1

What is required to be proved by the Prosecution in relation to a charge of money Laundering, under s243(2)?

Answer 1

• *KIDS**
• Knowledge or belief that the property was the proceeds of such an offence, or reckless as to whether it was the proceeds of such an offence
• Intention to conceal the property
• Dealing with property or assisting with such dealing
• Source of the property being the proceeds of an offence (or any offence described as a crime) that is punishable under New Zealand law, including any act, wherever committed, that would be an offence in New Zealand if committed in New Zealand.

Question 2

Affidavit required for application for restraining order outlining?

Answer 2

OOSAP

-Officer in Charge:
details.

-Offender(s):
details
charges
criminal convictions.

• Search warrant - describe the nature of the offending discovered at or involving the property (asset) concerned. Note: Where the value of the asset is high you need to demonstrate that the offending was at more of a commercial level.
• Admissions made during interview(s).

-Property:
describe property sought to be restrained and its value
show that offender owns, has custody or control.

Question 3

When interviewing suspects and witnesses about conspiracy what to cover?

Answer 3

Witnesses: WWAT

• With whom the agreement was made
• What offence was planned
• Any acts carried out to further the common purpose
• The identity of people present at the time of the agreement

Suspects: WIIEE

• Whether anything was written, said or done to further the common purpose
• the intent of those involved in the agreement
• the identity of all people concerned if possible
• the existence of an agreement to commit the offence, or
• the existence of an agreement to omit to do something that would amount to an offence

Question 4

Examples of conspiring or attempting to mislead to justice within s116 &117 may include?

Answer 4

PAWTASTIC

• Preventing a witness from testifying
• Arranging a false alibi
• Wilfully going absent as a witness
• Threatening or bribing witnesses
• Assisting a wanted person to leave the country
• Supplying false information to probation officers
• Threatening or bribing jury members.
• Intentionally giving police false information to obstruct their inquiries
• Concealing the fact an offence has been committed
• Supplying false information to probation officers

Question 5

What points covered off when interviewing suspect for money laundering?

Answer 5

• *SSEAL AC**
• suspects legitimate income
• suspects illegitimate income
• expenditure
• assets
• liabilities
• acquisition of financial records from banks, loan sharks, finance companies, family trust documents
• clarification of documentary evidence located, as above