Dealing with proceeds of crime

In a world where online banking lets large sums of money be transferred with the click of a button, prosecutions for proceeds of crime offences are cases that we deal with every day. Our expert criminal lawyers beat proceeds of crime charges, which can be difficult to prove if you have a criminal lawyer who knows how to fight the police on your behalf. 

There are multiple offences that concern Dealing with proceeds of crimes ranging from offences that are to be dealt with in the Local Court only to offences that can only be dealt with in the District Court because of their seriousness. The more serious the offence, the harder it is for the police to prove. For example, for a knowingly deal with proceeds of crime charge, can the police prove that you knew where the money (transferred into your bank account) came from?

If you intend to plead guilty to a Pproceeds of crime offence, depending on the seriousness, we have proceeds of crime offences dismissed without convictions, and without our clients being sentenced to prison. Read more about having no conviction recorded here.

Pleading not guilty

You will be found not guilty of the offence of Fraud if the police cannot prove beyond reasonable doubt

  1. You deal with property and there are reasonable grounds to suspect the property is proceeds of crime.

    Or
  2. You deal with proceeds of crime being reckless as to whether it is proceeds of crime.

    Or
  3. You deal with proceeds of crime, knowing that it is proceeds of crime.

    Or
  4. You deal with proceeds of crime, knowing that it is proceeds of crime, and intending to conceal that it is proceeds of crime.

Deal with includes receive, possess, conceal or dispose of; or bring or cause to be brought into NSW, including transfer or cause to be transferred by electronic communication, or engage directly or indirectly in a transaction, including receiving or making a gift.

Proceeds of crime means any property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence.

Pleading guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Where there are reasonable grounds to suspect the property is proceeds of crime the maximum penalty is two years imprisonment and/or a fine of $5,500.00 in the Local Court. Where you are reckless to the property being proceeds of crime the maximum penalty in the District Court is 10 years imprisonment. Where you know the property is proceeds of crimes the maximum penalty is 15 years imprisonment and when you know intending to conceal that fact, the maximum penalty is 20 years imprisonment. However, these penalties are typically reserved for the worst offenders. If you are charged with Dealing with proceeds of crimes, you should contact our office immediately.

You can read about all the sentencing options that a court has, including about having no conviction recorded here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for Dealing with proceeds of crime. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.

To discuss your charge of Dealing with proceeds of crime, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.

Case Study

Australian Criminal Law Group represented a man charged with knowingly deal with proceeds of crime (which has a maximum penalty of 20 years imprisonment), 11 counts of fraud, Participating in a criminal group, and deriving profit from a criminal group. Mr Correy had all the offences withdrawn and a new charge of the much less serious offence of deal with money reasonably suspected of being proceeds of crime. The deal that Mr Correy got his client was better than all the co-Accused received. At sentence, the magistrate did not record a conviction.

Case Study

Australian Criminal Law Group represented a man charged with four counts or recklessly dealing with crime and one count of knowingly deal with crimes (which carries a maximum penalty of 20 years imprisonment) with a value of about $60,000. Mr Correy negotiated for all the offences to be withdrawn, and a new charge of the much less serious offence of deal with money reasonably suspected of being proceeds of crime. The magistrate gave our client a good behaviour bond and the police were required some of the money seized back to our client.

Case Study

Australian Criminal Law Group represented a woman charged with deal with money reasonably suspected of being proceeds of crime. Our solicitor argued she had no reasonable grounds to suspect the money was proceeds of crime because men often transferred her money due to her occupation as an escort, and she was not guilty. In another case, solicitor argued his client had no reasonable grounds to suspect the money was proceeds of crime because he was told the money was for the repayment of an outstanding debt to him. He was not guilty.

Testimonials

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