XN000022-1988-10-14 — Page 6

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1

FRIDAY, OCTOBER 14, 1988

I

ADVICE

"ONCE THIS MATERIAL IS IN THE HANDS OF THE INVESTIGATORS, WOULD EXPECT THE ACCOUNTANTS TO BE ABLE TO OFFER GUIDANCE AND

PLAY THEIR PART IN DEVELOPING AS TO WHERE TO LOOK NEXT AND SO

AN THE DRUGS INQUIRY THE END OF WHICH SHOULD BE, IF THE PROSECUTION FOR TRAFFICKING OFFENCE SUCCEEDS, THE

CONVICTED OF THE STRIPPING TRAFFICKER OF ALL HIS ILL-GOTTEN GAINS," HE SAID.

ALSO

IN

OF

LOOKING FURTHER AHEAD, MR MATHEWS SAID: "TAKING NOTE

THE THE UK,

USA, CURRENT LEGISLATIVE DEVELOPMENTS

CANADA AND

THE

THE CONCERN

GROWTH OF AUSTRALIA AND

WITH GOVERNMENT'S

FOR EXTENDING THE SERIOUS ORGANISED CRIME HERE, THERE MAY BE A CASE

то COVER ASSET SEIZURE IN PROVISIONS OF THE NEW DRUGS LEGISLATION OTHER CRIMINAL CASES.'

11

MADE то

HE SAID HE HAD IN MIND CASES WHERE VAST PROFITS HAVE BEEN BY WHOLLY UNPRINCIPLED PERSONS WHO

THEMSELVES HAVE DEDICATED CRIMINAL CONDUCT, WITH A VIEW TO PURSUING A SYSTEMATIC COURSE OF

MAINTAINING A

WHICH SOURCE OF ACQUIRING

INCOME STEADY EVENTUALLY TRANSLATED INTO LEGITIMATE CAPITAL ASSETS SUCH AS FLATS SMALL BUSINESSES.

AND

BEEN THE

IN THE USA, THE MAIN THRUST AGAINST ORGANISED PAST 10 TO 15 YEARS ORGANISATIONS (RICO) STATUTE.

HAS

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OR

CRIME OVER THE CORRUPT RACKETEERING INFLUENCED

THE FIGHT CRIME COMMITTEE

то

ON IN ITS REPORT

TRIADS EXPRESSED YEARS AGO AND THE WORKING TO CONDUCT AN THIS BEHIND

AN INTEREST IN THE U.S. LEGISLATION TWO GROUP ON GANGS OF THE FCC HAS SINCE ASKED MY CHAMBERS

IF SEK

THE PRINCIPLES IN-HOUSE FEASIBILITY STUDY LEGISLATION CAN BE APPLIED HERE," HE SAID.

THE ATTORNEY GENERAL SAID THE LEGISLATION EXISTS IS SURELY A DETERRENT.

FURTHERMORE,

IF

JUDGES

SIMPLE

FACT THAT SUCH

ΤΟ WERE ABLE

MAKE USE

ASSET OF OF SENTENCING OPTIONS WOULD BE

FORFEITURE PROVISIONS, THEIR RANGE VERY EFFECTIVELY EXTENDED.

"THE CONVICTED PERSON

ΤΟ RIGHT HAS A

IN BE SENTENCED

AN

GIVEN THE

LARGE SCALE FACT THAT RECIDIVIST APPROPRIATE WAY AND,

A SHORTER FRAUDSTERS ARE UNUSUAL IN A WAY THAT PETTY THIEVES ARE NOT,

WELL BE IN TERM OF IMPRISONMENT COUPLED WITH ASSET FORFEITURE COULD

WOULD PUNISHMENT

THEN TRULY FIT THE EVERYBODY'S INTEREST, AS THE CRIME, MR MATHEWS SAID.

AND OTHER

FINANCIAL

EXPERTS SHOULD

BE

HE SAID ACCOUNTANTS INVOLVED FROM THE OUTSET IF SUCH LEGISLATION EXISTED.

IN TO

ASSIST

THE

SIDES IN

INTERLOCUTORY

"THEY WOULD BE CALLED

ON BOTH PRELIMINARY SKIRMISHES IN A PROSECUTION WHEN THE FIRST FREEZING ORDERS ARE SOUGHT BEFORE TRIAL AND THEY WOULD CONTINUE TO BE

OF THE INVOLVED RIGHT THROUGH TO THE EXECUTION AFFECTING REALISABLE PROPERTY, MR MATHEWS SAID.

"

FINAL COURT

ORDERS

/THE ATTORNEY