None of the answers on this page should be relied upon as legal advice.
This is information only for a general audience.
If you require legal advice, contact me directly to see if I can help you.
This is information only for a general audience.
If you require legal advice, contact me directly to see if I can help you.
2025 criminal proceeds faqs
Our barrister said that we don't have enough evidence to defend forfeiture of our property. I know that there is evidence that exists, but the person who could find that evidence and talk about it is in prison. Is there a way to slow down a proceeding so that we can talk to the person in prison and get him to give us an affidavit? We have told our barrister for over a year now that this evidence DOES exist but he has not done anything about it.
It can be really difficult for families to source evidence to defend cases that involve matters and transactions that go back years. It is even more difficult when the person who knows about these historic transactions is in prison. But, it is not impossible, and does require frequent visits and interviews with the person in custody. It is possible to stall or slow down a proceeding. I won't go into detail about how I might do that, but it requires some creativity and of course some strong legal grounds to do so. My general advice is that you put into writing your concerns about your barrister not acting on your instructions and seeking out the evidence from this person in custody. If there is sufficient time left before a hearing, I might even terminate your current barrister's engagement and seek out new counsel. New counsel should be able to get leave to file further evidence on your behalf.
It can be really difficult for families to source evidence to defend cases that involve matters and transactions that go back years. It is even more difficult when the person who knows about these historic transactions is in prison. But, it is not impossible, and does require frequent visits and interviews with the person in custody. It is possible to stall or slow down a proceeding. I won't go into detail about how I might do that, but it requires some creativity and of course some strong legal grounds to do so. My general advice is that you put into writing your concerns about your barrister not acting on your instructions and seeking out the evidence from this person in custody. If there is sufficient time left before a hearing, I might even terminate your current barrister's engagement and seek out new counsel. New counsel should be able to get leave to file further evidence on your behalf.
Are there some cases you will not take on?
I might not take on a case if I am at capacity with my schedule or if the client cannot pay my fees. I also may not accept engagement if the client has exhibited red flag behaviors. There are certain types of behaviors that a lawyer can terminate engagement for, or not accept engagement because of. These are generally behaviors that may affect my health and safety or those around me. I can only think of 2 times in the past 5 years when I have had to rely on this rule.
I might not take on a case if I am at capacity with my schedule or if the client cannot pay my fees. I also may not accept engagement if the client has exhibited red flag behaviors. There are certain types of behaviors that a lawyer can terminate engagement for, or not accept engagement because of. These are generally behaviors that may affect my health and safety or those around me. I can only think of 2 times in the past 5 years when I have had to rely on this rule.
Do you do some proceeds cases pro bono? There is no way I can afford your services but I believe you get good results in proceeds matters. I really need somebody to help me.
I take on a few criminal proceeds cases pro bono every few years. The cases that will interest me are cases which I can use to challenge precedent in criminal proceeds case law, or cases that are publicly important or in the public interest. Of course, high profile matters will be of interest to me.
I take on a few criminal proceeds cases pro bono every few years. The cases that will interest me are cases which I can use to challenge precedent in criminal proceeds case law, or cases that are publicly important or in the public interest. Of course, high profile matters will be of interest to me.
Can you appear in a Queenstown based proceeds matter?
Yes I can. Tauranga, Queenstown, the west coast of the South Island, and Taranaki are all places that interest me. Mainly because I have not had a criminal proceeds case there yet. Help me tick those places off!
Yes I can. Tauranga, Queenstown, the west coast of the South Island, and Taranaki are all places that interest me. Mainly because I have not had a criminal proceeds case there yet. Help me tick those places off!
I want to defend my proceeds case but my current barrister asked me to swear an affidavit. I don't want to do this. Will this affect my chances of success?
It might do, but I don't know the facts and circumstances of your case from an isolated question. Me personally? I like a good full affidavit with as many exhibits as you can get your hands on. I like detail. If there are things you are worried about, talk to your barrister and work through any vulnerabilities step by step. A good lawyer can lead with the vulnerability and weakness in your case, and nullify it for you.
It might do, but I don't know the facts and circumstances of your case from an isolated question. Me personally? I like a good full affidavit with as many exhibits as you can get your hands on. I like detail. If there are things you are worried about, talk to your barrister and work through any vulnerabilities step by step. A good lawyer can lead with the vulnerability and weakness in your case, and nullify it for you.
Are criminal proceeds judgments public? I don't want my name in the paper, especially because I have not been charged with any crime.
Yes, like most civil matters, these cases are public, and yes, your name could be in the news or on social media sites. Interim suppression is possible, but there is a high threshold for permanent suppression. My advice to people is to just accept it. The news media cycle in our modern age is impatient, and don't worry, a new story will be just around the corner to hold a pitchfork parade for in the next 5 minutes, without fail.
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Yes, like most civil matters, these cases are public, and yes, your name could be in the news or on social media sites. Interim suppression is possible, but there is a high threshold for permanent suppression. My advice to people is to just accept it. The news media cycle in our modern age is impatient, and don't worry, a new story will be just around the corner to hold a pitchfork parade for in the next 5 minutes, without fail.
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I usually use [barrister] but he is getting old, how are you different from [barrister]?
I guess us younger ones have a different approach to proceeds matters, we are more active and energised, not jaded, not over it, just wanting to get in there and get a good result. Other than that, I think a new generation of barristers are better communicators, empathetic to a variety of different types of litigants, and able to use apps after hours. In any event, I am seeing better results from a new generation of lawyers in this practice area, including me of course!
I guess us younger ones have a different approach to proceeds matters, we are more active and energised, not jaded, not over it, just wanting to get in there and get a good result. Other than that, I think a new generation of barristers are better communicators, empathetic to a variety of different types of litigants, and able to use apps after hours. In any event, I am seeing better results from a new generation of lawyers in this practice area, including me of course!
If I am receiving legal aid for my criminal case and I have a criminal legal aid barrister defending me. If you are a private lawyer, can I use you for my civil case under the Criminal Proceeds (Recovery) Act?
Yes you can, provided a third party is paying mine and my solicitor's legal fees. Legal aid entitlement is based on your own personal financial situation. The third party's ability to pay your fees in your civil matter will not affect your legal aid entitlement in the criminal matter. The key point being it is a third party who is paying me.
Yes you can, provided a third party is paying mine and my solicitor's legal fees. Legal aid entitlement is based on your own personal financial situation. The third party's ability to pay your fees in your civil matter will not affect your legal aid entitlement in the criminal matter. The key point being it is a third party who is paying me.
My current barrister consented to things I did not tell him to consent to, like early sale, effective control, and restraint. He didn't even try a deal like the other respondents' barristers. If I engage you, can you reverse this?
Hmmm, first of all, your question (and complaint) is not uncommon in this practice area. Unfortunately, it does appear many criminal barristers will simply consent to the early stage requests and applications of the Commissioner, but it is basic lawyering that the client is advised upon this, and gives the instruction to consent to certain orders. I cannot give you a definitive answer without seeing the correspondence and pleadings, but there could be grounds for rescindment or an appeal, particularly if your lawyer did not consult you about the orders! Again, this is not an uncommon complaint and the culture around consenting to the early stages of criminal proceeds matters (without seeking instructions) needs to change.
Hmmm, first of all, your question (and complaint) is not uncommon in this practice area. Unfortunately, it does appear many criminal barristers will simply consent to the early stage requests and applications of the Commissioner, but it is basic lawyering that the client is advised upon this, and gives the instruction to consent to certain orders. I cannot give you a definitive answer without seeing the correspondence and pleadings, but there could be grounds for rescindment or an appeal, particularly if your lawyer did not consult you about the orders! Again, this is not an uncommon complaint and the culture around consenting to the early stages of criminal proceeds matters (without seeking instructions) needs to change.
2024 Criminal proceeds faqS
Do you recommend self-representing for smaller value proceeds matters, say $100K or less?
No. I am aware that small value proceeds matters pose particular dilemmas for litigants i.e. private lawyers will charge more than the value of property sought to be recovered. If you want to defend the proceeds matter, whether on principle or for strategic reasons (perhaps there are parallel proceedings in the criminal court or regulatory proceedings), then you could try and negotiate a fixed fee with a barrister.
I was asked to attend an examination at a police station under this criminal proceeds law and I wanted to get a lawyer but the police did not let me, are they allowed to do this and use the information I gave them?
The police did not let you? Are you sure about that? Under the Criminal Proceeds (Recovery) Act 2009 (CPRA), the police need to provide you with a reasonable opportunity to seek a lawyer to attend an examination with you and to provide you with advice. If they did not allow you a reasonable opportunity to do this, then you could allege an unlawful exercise of powers under the CPRA and if successful, the High Court may disallow the information gathered at the examination to be used against you. Now, I have had a few clients in the past few years make this allegation against the police, but when we looked more closely, the police had in fact given them weeks to seek counsel and assistance. So my advice is to always seek counsel as soon as you receive an order or any court pleadings.
How come some cases with heaps of respondents and interested parties have heaps of lawyers assisting and then some don't? Does this have an effect on results?
Wow, what a question. I can only speak generally, but if there are multiple respondents and interested parties who are wanting to take an active part in a proceeding, then best practice is those parties would be separately represented. Subject to conflict, one barrister may be able to act for multiple parties in the proceeding. It will always come down to litigation funding and what a group of clients can afford. I cannot comment on whether a group of barristers has a better effect on results than just a few barristers. Each case is too fact specific to make a generalization.
is it possible to do a deal with police where I give up some of the property but keep the property that is most special to me?
Yes, that type of deal may be possible in some cases.
Will the police look at my social media?
In any industry, one's social media is always looked at, searched, 'stalked' etc. Your social media is the picture you are presenting to the world. If you are posting images of cash, designer clothes and handbags, and images of your new luxury cars to Instagram, then your application for release of property on the basis of undue hardship might not make sense.
Will the police continue to monitor me and my friends once the criminal proceeds matter starts?
Yes, of course. I am aware of some barristers telling clients that once the police commence proceedings (restraint or forfeiture) that the police wont raise any further issues with them. You are still under investigation even when an application has been filed in the High Court. I am aware of at least two clients who had been told by their criminal defence barristers that the police would stop investigating them. Both times that has proved to be incorrect and caused further legal issues for those clients. Remain aware of your surroundings and dealings at all times. Even lawyers experience intrusions and investigations by police.
No. I am aware that small value proceeds matters pose particular dilemmas for litigants i.e. private lawyers will charge more than the value of property sought to be recovered. If you want to defend the proceeds matter, whether on principle or for strategic reasons (perhaps there are parallel proceedings in the criminal court or regulatory proceedings), then you could try and negotiate a fixed fee with a barrister.
I was asked to attend an examination at a police station under this criminal proceeds law and I wanted to get a lawyer but the police did not let me, are they allowed to do this and use the information I gave them?
The police did not let you? Are you sure about that? Under the Criminal Proceeds (Recovery) Act 2009 (CPRA), the police need to provide you with a reasonable opportunity to seek a lawyer to attend an examination with you and to provide you with advice. If they did not allow you a reasonable opportunity to do this, then you could allege an unlawful exercise of powers under the CPRA and if successful, the High Court may disallow the information gathered at the examination to be used against you. Now, I have had a few clients in the past few years make this allegation against the police, but when we looked more closely, the police had in fact given them weeks to seek counsel and assistance. So my advice is to always seek counsel as soon as you receive an order or any court pleadings.
How come some cases with heaps of respondents and interested parties have heaps of lawyers assisting and then some don't? Does this have an effect on results?
Wow, what a question. I can only speak generally, but if there are multiple respondents and interested parties who are wanting to take an active part in a proceeding, then best practice is those parties would be separately represented. Subject to conflict, one barrister may be able to act for multiple parties in the proceeding. It will always come down to litigation funding and what a group of clients can afford. I cannot comment on whether a group of barristers has a better effect on results than just a few barristers. Each case is too fact specific to make a generalization.
is it possible to do a deal with police where I give up some of the property but keep the property that is most special to me?
Yes, that type of deal may be possible in some cases.
Will the police look at my social media?
In any industry, one's social media is always looked at, searched, 'stalked' etc. Your social media is the picture you are presenting to the world. If you are posting images of cash, designer clothes and handbags, and images of your new luxury cars to Instagram, then your application for release of property on the basis of undue hardship might not make sense.
Will the police continue to monitor me and my friends once the criminal proceeds matter starts?
Yes, of course. I am aware of some barristers telling clients that once the police commence proceedings (restraint or forfeiture) that the police wont raise any further issues with them. You are still under investigation even when an application has been filed in the High Court. I am aware of at least two clients who had been told by their criminal defence barristers that the police would stop investigating them. Both times that has proved to be incorrect and caused further legal issues for those clients. Remain aware of your surroundings and dealings at all times. Even lawyers experience intrusions and investigations by police.
I paid for my son's barrister's fees for his criminal proceeds matter. The case did not go to trial and he got his money back as part of a deal. My son said money would be paid back to me from his solicitor's trust account. After a few months I went to the solicitor and he knew nothing about this loan and he said all monies had already been paid out of the trust account. How do I get my money back?
This is a really interesting question! Thank you. The loan between yourself and your son is between two private individuals, and if you had legal advice, I would expect the loan would have been documented in a loan agreement with terms, conditions, and interest provided for therein. It appears you did not document the loan, which is common between family members, especially when money is needed urgently for lawyers' fees. You will need to approach your son for repayment of the loan. Interestingly, if you were a creditor with a documented loan agreement, you might have been able to be an interested party in his proceeds case. Very interesting!
[This question was important for a number of reasons and has sparked work on a new area of business - stay tuned]
This is a really interesting question! Thank you. The loan between yourself and your son is between two private individuals, and if you had legal advice, I would expect the loan would have been documented in a loan agreement with terms, conditions, and interest provided for therein. It appears you did not document the loan, which is common between family members, especially when money is needed urgently for lawyers' fees. You will need to approach your son for repayment of the loan. Interestingly, if you were a creditor with a documented loan agreement, you might have been able to be an interested party in his proceeds case. Very interesting!
[This question was important for a number of reasons and has sparked work on a new area of business - stay tuned]
Our family trust is a respondent in a restraint case and our criminal defence barrister said to consent to the restraining orders over our family trust real estate, can we say yes to restraint and then change our mind?
I don't provide legal advice on any matter until I am engaged formally - this protects you and protects my practice. However, generally speaking, a lawyer should be reviewing the pleadings filed at restraining level and providing you with advice on opposition to restraint, and any available applications you could make. You should receive those options, and any further advice if you ask further questions, and then make a decision as to what to do. You then instruct your lawyers accordingly. There would need to be a serious error or injustice for you to "consent" to restraining orders and then seek to appeal those "orders by consent" within the appellate timeframe or outside of time.
Why won't you act on legal aid on my criminal proceeds matter. I don't want another lawyer I want you and the lady at the registry said I have a right to my own choice of lawyer?
In New Zealand, and under lawyers' conduct rules, a lawyer has a choice whether they want to act on legal aid in any matter. However, even if a lawyer agrees to act on legal aid, the lawyer needs to be approved to act on legal aid by the Legal Services Commissioner. The lawyer needs to go through a regulatory process just to be approved to provide limited or supervised legal aid. I am an active, unique, and regular test litigator. I scavenge for opportunities within pieces of litigation and I need to be able to act quickly. I do not believe the legal aid regulatory framework suits my practice, my practice style, my work flow, and a small business in general. The level of red tape, bureaucracy, and regulation is not worth it. However, when clients come to me and need legal aid, I will attempt to find a legal aid barrister for them if I have time - see Criminal Proceeds Defence Group. I would allow up to 3 months, for some clients, to try and find a legal aid barrister.
You are correct in the sense that you can choose whichever lawyer you wish to represent you, subject to your agreement to their terms, conditions, and fees. Given I do not provide legally aided services, and given you need legal aid, you would be unable to meet my terms, conditions, and fees as private counsel. My initial retainers for proceeds matters can range from $5K to $100K up front depending on complexity and document review. There are some clients who need legal aid who will still attempt to engage me on the basis that they can meet my requested retainer soon, "but not yet" or "when I get a payment in". I am here to help you, not to create further financial burdens for you. Thus, if you are eligible for legal aid and need it, it is in your absolute best interests that you engage with a legal aid barrister immediately. Under CPDG, I may agree to triage your matter and arrange for legal aid barristers to implement my strategy for you.
I don't provide legal advice on any matter until I am engaged formally - this protects you and protects my practice. However, generally speaking, a lawyer should be reviewing the pleadings filed at restraining level and providing you with advice on opposition to restraint, and any available applications you could make. You should receive those options, and any further advice if you ask further questions, and then make a decision as to what to do. You then instruct your lawyers accordingly. There would need to be a serious error or injustice for you to "consent" to restraining orders and then seek to appeal those "orders by consent" within the appellate timeframe or outside of time.
Why won't you act on legal aid on my criminal proceeds matter. I don't want another lawyer I want you and the lady at the registry said I have a right to my own choice of lawyer?
In New Zealand, and under lawyers' conduct rules, a lawyer has a choice whether they want to act on legal aid in any matter. However, even if a lawyer agrees to act on legal aid, the lawyer needs to be approved to act on legal aid by the Legal Services Commissioner. The lawyer needs to go through a regulatory process just to be approved to provide limited or supervised legal aid. I am an active, unique, and regular test litigator. I scavenge for opportunities within pieces of litigation and I need to be able to act quickly. I do not believe the legal aid regulatory framework suits my practice, my practice style, my work flow, and a small business in general. The level of red tape, bureaucracy, and regulation is not worth it. However, when clients come to me and need legal aid, I will attempt to find a legal aid barrister for them if I have time - see Criminal Proceeds Defence Group. I would allow up to 3 months, for some clients, to try and find a legal aid barrister.
You are correct in the sense that you can choose whichever lawyer you wish to represent you, subject to your agreement to their terms, conditions, and fees. Given I do not provide legally aided services, and given you need legal aid, you would be unable to meet my terms, conditions, and fees as private counsel. My initial retainers for proceeds matters can range from $5K to $100K up front depending on complexity and document review. There are some clients who need legal aid who will still attempt to engage me on the basis that they can meet my requested retainer soon, "but not yet" or "when I get a payment in". I am here to help you, not to create further financial burdens for you. Thus, if you are eligible for legal aid and need it, it is in your absolute best interests that you engage with a legal aid barrister immediately. Under CPDG, I may agree to triage your matter and arrange for legal aid barristers to implement my strategy for you.
FAQs from 2022-2023
How long is this case going to take?
Depends. What steps do you want me to take? How much property is at risk? Are there any third parties or interested parties who need to make applications for exclusion/severance? I have cases that took 1 month, and cases that are still going at the 5 year mark. Good things, good defences, take time.
Do you represent family members and friends of respondents?
Yes I can. Whether I will in any matter will be based on a few things 1) the client meeting my terms, conditions, and fees, 2) the client has an interest in property that is currently restrained, and 3) my duties to each client in the proceeding will not be conflicted.
I did not commit any crime, and the cops never charged me, so why am I still facing this proceeds case?
You don't need to be charged with a criminal offence for the Commissioner to commence proceedings against you. The Commissioner just needs to prove that you committed significant criminal activity to the civil standard. The civil standard is 'the balance of probabilities', often described as 'what is more likely than not?'.
Can you appeal proceeds cases to the Court of Appeal and Supreme Court?
Of course.
How much all up is this proceeds case going to cost?
Generally, I try and propose a fee that is proportionate to the value of property sought to be recovered by you and in proportion to the amount of work that is required by myself and any assistance, including experts, other barristers, and private detectives. If your criminal proceeds matter is large and/or complex with family homes included on the restraining order, then I will usually set out for you in easy-to-read table form a costing for each broad step of the proceeding. Given the diversity of issues in proceeds matters, defence/opposition can go from a very simple $5K + GST and disbursements to more than $500K + GST for more complex matters.
My wife and I took up your offer of a free second opinion in mid-2023 on advice I had received from my criminal KC that no property would be released at a restraining stage. I have now seen that you and a few other barristers have actually had property released and I can see homes, vehicles, cash, and other personal items have been released before the forfeiture hearing. The criminal KC said even though he could see you had actually had property released, he would not be trying. Why are some of the criminal barristers that my wife and I consult still denying this?
Look, this is the type of question that I would respond to one-on-one confidentially. All that matters is that you have seen with your own eyes, real legal submissions, real legal applications, and real legal orders for release under the Criminal Proceeds Recovery Act 2009. These are examples from litigation teams and colleagues that I personally work with. It is your property and your choice as to who you want to fight for your property. Choose wisely.
I have a KC representing me at the moment on my meth import and supply charges and he is also repping me in the High Court for proceeds. How do I change to you for proceeds but keep my KC for the crim charges?
First, contact me confidentially so I can check that I have capacity to assist you in the first place, and that you can meet my fees, terms, and conditions. If we are a match, I will advise you to terminate engagement with your barrister and solicitor on the record in the proceeds case. A lawyer has no propriety interest in their client and they cannot unreasonably and unduly influence you to stay with them. The process to terminate engagement should be smooth as it is in the client's best interests they can progress their litigation with a barrister of their choosing and in a timely manner. Myself and your new solicitor on the record will file what is called a Memorandum of Representation in the High Court on your behalf, and we will contact the Crown Solicitor in your region to get going! (We can often buy ourselves some time because we have only just been instructed etc... )
There seems to be generational differences between young and old counsel for proceeds matters lately?
I find an older generation of barrister is good for institutional knowledge always, but the best proceeds strategies come from fresher minds in my humble opinion.
My parents speak Mandarin mostly and they want a Chinese solicitor and litigator, have you handled Mandarin speakers before?
Yes. When I first became a barrister sole, my practice survived on alot of work that came to me from the Chinese business community in Auckland. Many of my clients are Mandarin speakers. I like to have a client's family member present to assist with interpretation and translation, and for more formal occasions, I like to have an independent interpreter (if budget allows).
What is the biggest proceeds case you have advised on?
A case where the value of property restrained was $20M.
Can I challenge restraining and forfeiture applications?
Yes you can. One of the sad things about the last ten years, is that because many of the criminal barristers appeared to create a 'custom' of not challenging restraining applications, many former proceeds clients have come to me and told me they were never even advised of their options at the restraining stage.
Is challenging the police in proceeds matters expensive?
Look, sometimes it can be, and sometimes it is not. I know that is not an enormously helpful answer, but how much time, stress, and cost a case is going to use up will depend largely on what the client wants to achieve and whether the cost of litigating the matter is proportional to the value of property at risk. I can charge anywhere from $5K to $500K plus for High Court litigation. I have had clients who were willing to spend $100,000 on litigation even though the piece of property they wanted released (a necklace) was only worth about $5K on the current market. What is worth fighting for to a client is worth spending money on.
I have a criminal trial coming up, and I don't want to say anything in my proceeds case yet, is that okay?
It depends. Sometimes saying nothing and opposing without proffering evidence is the way to go. Sometimes it is not. However, it is critical that if you do have parallel criminal proceedings at the same time, that I can communicate with your criminal barrister. I need to know what is going on in your criminal defence, and what the theory of their case is. Obviously, we will need to be 'on the same page' in terms of how the proceeds case fits with the criminal defence. I have seen disasters in the past 4 years where clients did not allow their criminal and civil barristers to share information.
Can you get civil legal aid?
I am not a legal aid barrister and I will not conduct Criminal Proceeds litigation on legal aid. The admin and regulatory hoops required is inconsistent with efficient litigation and test litigation in my opinion. If you need assistance with ideas on private funding, please contact me.
Have you ever been a police lawyer or acted for the crown?
Hell no.
Are you friendly with the police like some of these ex-crown barristers?
Generally, I am friendly and reasonable, unless it is in your best interests that I not be. I am not an ex-crown lawyer, and I have never worked in the legal public sector. I was raised in private civil and criminal defence. An 'eat what you kill market' is all I know. I think this might be why I have been reasonably good with proceeds.
What kind of property have you defended?
Jewellery
Cryptocurrency
Real Estate
Vehicles
Luxury Vehicles
Classic Cars
Harley Davidson Motorbikes
Farm vehicles like tractors
Farms
Boats
Cash
Company property
Trust property
Do you act for gang members?
Yes
Can I get name suppression in a criminal proceeds case?
Theoretically, yes. We can always apply for interim and permanent name suppression. The threshold we would need to reach in order to maintain suppression is very high, and the only clients who I have managed to get permanent suppression for are children so far.
Do the police need to restrain property before they can forfeit it?
No.
Are you scary to deal with as a proceeds of crime barrister?
Yes, I am very scary to deal with. Boo!
Do I have to swear an affidavit to progress my proceeds case?
Yes, 90% of the time you need to swear or affirm an affidavit to support your opposition or application for exclusion/severance. And yes, you will likely be cross examined on your affidavit, so please try and be consistent with your facts.
Can you act for me in my criminal matters at the same time as you act for me in my proceeds matter?
Yes, theoretically I could, However I prefer a specialist criminal barrister acts for you in your criminal defence.
What underlying significant criminal activity have your clients been alleged to have committed?
Manufacture of meth, importation, participation in an organized criminal group, supply/sale of meth/cannabis, firearms charges, tax evasion, GST fraud, illegal gambling, land transport offences, breaches of the AML Act etc.
Do you visit proceeds clients in prison?
Yes. I am a bespoke kind of barrister. That means I tailor my service to each client. For some 'white collar' clients, prison is a new and scary thing and I will visit them more often and call/AVL them alot. I notice this makes a huge difference to their wellbeing and provides comfort to the prisoner's family members also.
Do you act for elderly people in proceeds matters?
Yes I can.
Is a lawyer allowed to get my cash released for his fees?
No. That is prohibited under the Act.
Can my children be joined to a proceeds matter?
Yes, if the child has an interest in property that is sought to be restrained or sought to be forfeited.
How come there are times when proceeds lawyers say I need multiple barristers?
When there are multiple respondents and interested parties, and there is the potential for the appearance of conflict.
An Asset Recovery Unit cop said they are going to help me if I give them some information, should I do this?
Not without speaking to a lawyer first. More than one client has told me of a friendly detective who said they would help them..... and that same detective is usually the first person to give evidence against them.
Can you help me dispose of property so the cops cannot find it and they can't put another proceeds case against me?
No. I provide legal advice. I do not assist you to prevent the application of the Act in a pre-emptory way; that would be an offence.
Can I sell property that is restrained?
No, unless the restraint is varied to allow sale of the property. This would require negotiation with the Commissioner's counsel. However, properties have been sold in proceeds matters before the substantive hearing to allow the freeing up of an amount of cash for a client.
Can I self-represent in proceeds matters?
Yes, theoretically you can. Companies cannot, they must have a solicitor and barrister acting for them in the High Court.
What barristers do you work with, when you assemble a team?
Senior barristers from Auckland and Wellington. I am trying to assemble a 'new generation' team of barristers currently, so if you know of any energised and innovative barristers in this practice area, let me know!
I heard that you prefer to work with a forensic accountant on proceeds matters, why is that?
If money allows, I prefer to get forensic and accountancy work done asap on a matter. I like to be well prepared with legal arguments and arguments that challenge the 'numbers' of the police.
My criminal barrister says it is not good to challenge the restraining stage in proceeds matters and is a waste of money
Many barristers, including myself, who have civil specialist training, have been able to get good results for clients at the restraining stage. This is a jurisdiction where 'if you don't ask', 'you don't get'. I am not sure why anyone would put all their eggs in the one basket in this jurisdiction and simply wait for the forfeiture hearing where you can lose everything. Think about it.. that doesn't make sense. It is lazy advice in my opinion. The only time I would deliberately do nothing until forfeiture is when cost is a major issue for a client and they are not eligible for legal aid (so my strategy needs to be tempered) or after doing legal research or reviewing the facts of the case, it is clear it is meritless to challenge at an interim stage or make applications. The issue I have with some customs that have arisen in this practice area is that there have been merited cases to make applications or oppose at a restraining stage, and for some reason, no legal advice was provided to the client on these points.
I had another barrister representing me at forfeiture and I lost everything, can you help me with costs submissions?
Yes, I would love to. Costs is an area of the case law that needs an injection from someone like me :)
Can someone else pay your litigation fees for me while my money is frozen?
Yes. How you reimburse that person is your business.
Do you need a solicitor for this litigation?
Yes. It is High Court civil litigation.
Can you represent me in my proceeds matter if I am from Christchurch?
Yes. I can represent people who come from anywhere in NZ (and the world), provided the legal dispute or claim/defence is a matter that can be dealt with under NZ law.
I know you put up a big fight in these kinds of cases, but do you also do deals?
Yes, from time to time. It is always best to avoid a substantive hearing if a reasonable and acceptable settlement with the Commissioner is possible.
I need some investigations done as part of my case - do you assist with this?
Yes, I work with private detectives in New Zealand who are all ex-senior detectives from the NZ Police. They are all licensed private detectives.
Who are the police units that deal with proceeds of crime cases and do the investigations?
According to the police website, the unit that manages proceeds of crime investigations is the Asset Recovery Unit (ARU). The ARU comes under the Financial Crime Group of the police. The ARU appears to work with the National Organised Crime Group and the Motorcycle Gang Unit. Motorcycle Gang Unit affidavits are generally an entertaining read.
Are you able to do proceeds of crime webinars and seminars for our 'club'?
Firstly, I am extremely flattered to hear that groups that come to the attention of the police in the proceeds of crime jurisdiction, actually notice me, and listen to what I have to say. Thank you. Yes, I could provide a general overview of certain aspects of the Act. Watch this space, because I have had a few other individuals and groups ask for this type of service. Let me have a chat with some of my colleagues first.
I have a criminal proceeds barrister already but I like to pay you to join our team as a lead or assisting barrister, are you open to this?
Yes of course. You are the client, it is your litigation. Barristers should not unreasonably ring fence litigation to their client's detriment.
Depends. What steps do you want me to take? How much property is at risk? Are there any third parties or interested parties who need to make applications for exclusion/severance? I have cases that took 1 month, and cases that are still going at the 5 year mark. Good things, good defences, take time.
Do you represent family members and friends of respondents?
Yes I can. Whether I will in any matter will be based on a few things 1) the client meeting my terms, conditions, and fees, 2) the client has an interest in property that is currently restrained, and 3) my duties to each client in the proceeding will not be conflicted.
I did not commit any crime, and the cops never charged me, so why am I still facing this proceeds case?
You don't need to be charged with a criminal offence for the Commissioner to commence proceedings against you. The Commissioner just needs to prove that you committed significant criminal activity to the civil standard. The civil standard is 'the balance of probabilities', often described as 'what is more likely than not?'.
Can you appeal proceeds cases to the Court of Appeal and Supreme Court?
Of course.
How much all up is this proceeds case going to cost?
Generally, I try and propose a fee that is proportionate to the value of property sought to be recovered by you and in proportion to the amount of work that is required by myself and any assistance, including experts, other barristers, and private detectives. If your criminal proceeds matter is large and/or complex with family homes included on the restraining order, then I will usually set out for you in easy-to-read table form a costing for each broad step of the proceeding. Given the diversity of issues in proceeds matters, defence/opposition can go from a very simple $5K + GST and disbursements to more than $500K + GST for more complex matters.
My wife and I took up your offer of a free second opinion in mid-2023 on advice I had received from my criminal KC that no property would be released at a restraining stage. I have now seen that you and a few other barristers have actually had property released and I can see homes, vehicles, cash, and other personal items have been released before the forfeiture hearing. The criminal KC said even though he could see you had actually had property released, he would not be trying. Why are some of the criminal barristers that my wife and I consult still denying this?
Look, this is the type of question that I would respond to one-on-one confidentially. All that matters is that you have seen with your own eyes, real legal submissions, real legal applications, and real legal orders for release under the Criminal Proceeds Recovery Act 2009. These are examples from litigation teams and colleagues that I personally work with. It is your property and your choice as to who you want to fight for your property. Choose wisely.
I have a KC representing me at the moment on my meth import and supply charges and he is also repping me in the High Court for proceeds. How do I change to you for proceeds but keep my KC for the crim charges?
First, contact me confidentially so I can check that I have capacity to assist you in the first place, and that you can meet my fees, terms, and conditions. If we are a match, I will advise you to terminate engagement with your barrister and solicitor on the record in the proceeds case. A lawyer has no propriety interest in their client and they cannot unreasonably and unduly influence you to stay with them. The process to terminate engagement should be smooth as it is in the client's best interests they can progress their litigation with a barrister of their choosing and in a timely manner. Myself and your new solicitor on the record will file what is called a Memorandum of Representation in the High Court on your behalf, and we will contact the Crown Solicitor in your region to get going! (We can often buy ourselves some time because we have only just been instructed etc... )
There seems to be generational differences between young and old counsel for proceeds matters lately?
I find an older generation of barrister is good for institutional knowledge always, but the best proceeds strategies come from fresher minds in my humble opinion.
My parents speak Mandarin mostly and they want a Chinese solicitor and litigator, have you handled Mandarin speakers before?
Yes. When I first became a barrister sole, my practice survived on alot of work that came to me from the Chinese business community in Auckland. Many of my clients are Mandarin speakers. I like to have a client's family member present to assist with interpretation and translation, and for more formal occasions, I like to have an independent interpreter (if budget allows).
What is the biggest proceeds case you have advised on?
A case where the value of property restrained was $20M.
Can I challenge restraining and forfeiture applications?
Yes you can. One of the sad things about the last ten years, is that because many of the criminal barristers appeared to create a 'custom' of not challenging restraining applications, many former proceeds clients have come to me and told me they were never even advised of their options at the restraining stage.
Is challenging the police in proceeds matters expensive?
Look, sometimes it can be, and sometimes it is not. I know that is not an enormously helpful answer, but how much time, stress, and cost a case is going to use up will depend largely on what the client wants to achieve and whether the cost of litigating the matter is proportional to the value of property at risk. I can charge anywhere from $5K to $500K plus for High Court litigation. I have had clients who were willing to spend $100,000 on litigation even though the piece of property they wanted released (a necklace) was only worth about $5K on the current market. What is worth fighting for to a client is worth spending money on.
I have a criminal trial coming up, and I don't want to say anything in my proceeds case yet, is that okay?
It depends. Sometimes saying nothing and opposing without proffering evidence is the way to go. Sometimes it is not. However, it is critical that if you do have parallel criminal proceedings at the same time, that I can communicate with your criminal barrister. I need to know what is going on in your criminal defence, and what the theory of their case is. Obviously, we will need to be 'on the same page' in terms of how the proceeds case fits with the criminal defence. I have seen disasters in the past 4 years where clients did not allow their criminal and civil barristers to share information.
Can you get civil legal aid?
I am not a legal aid barrister and I will not conduct Criminal Proceeds litigation on legal aid. The admin and regulatory hoops required is inconsistent with efficient litigation and test litigation in my opinion. If you need assistance with ideas on private funding, please contact me.
Have you ever been a police lawyer or acted for the crown?
Hell no.
Are you friendly with the police like some of these ex-crown barristers?
Generally, I am friendly and reasonable, unless it is in your best interests that I not be. I am not an ex-crown lawyer, and I have never worked in the legal public sector. I was raised in private civil and criminal defence. An 'eat what you kill market' is all I know. I think this might be why I have been reasonably good with proceeds.
What kind of property have you defended?
Jewellery
Cryptocurrency
Real Estate
Vehicles
Luxury Vehicles
Classic Cars
Harley Davidson Motorbikes
Farm vehicles like tractors
Farms
Boats
Cash
Company property
Trust property
Do you act for gang members?
Yes
Can I get name suppression in a criminal proceeds case?
Theoretically, yes. We can always apply for interim and permanent name suppression. The threshold we would need to reach in order to maintain suppression is very high, and the only clients who I have managed to get permanent suppression for are children so far.
Do the police need to restrain property before they can forfeit it?
No.
Are you scary to deal with as a proceeds of crime barrister?
Yes, I am very scary to deal with. Boo!
Do I have to swear an affidavit to progress my proceeds case?
Yes, 90% of the time you need to swear or affirm an affidavit to support your opposition or application for exclusion/severance. And yes, you will likely be cross examined on your affidavit, so please try and be consistent with your facts.
Can you act for me in my criminal matters at the same time as you act for me in my proceeds matter?
Yes, theoretically I could, However I prefer a specialist criminal barrister acts for you in your criminal defence.
What underlying significant criminal activity have your clients been alleged to have committed?
Manufacture of meth, importation, participation in an organized criminal group, supply/sale of meth/cannabis, firearms charges, tax evasion, GST fraud, illegal gambling, land transport offences, breaches of the AML Act etc.
Do you visit proceeds clients in prison?
Yes. I am a bespoke kind of barrister. That means I tailor my service to each client. For some 'white collar' clients, prison is a new and scary thing and I will visit them more often and call/AVL them alot. I notice this makes a huge difference to their wellbeing and provides comfort to the prisoner's family members also.
Do you act for elderly people in proceeds matters?
Yes I can.
Is a lawyer allowed to get my cash released for his fees?
No. That is prohibited under the Act.
Can my children be joined to a proceeds matter?
Yes, if the child has an interest in property that is sought to be restrained or sought to be forfeited.
How come there are times when proceeds lawyers say I need multiple barristers?
When there are multiple respondents and interested parties, and there is the potential for the appearance of conflict.
An Asset Recovery Unit cop said they are going to help me if I give them some information, should I do this?
Not without speaking to a lawyer first. More than one client has told me of a friendly detective who said they would help them..... and that same detective is usually the first person to give evidence against them.
Can you help me dispose of property so the cops cannot find it and they can't put another proceeds case against me?
No. I provide legal advice. I do not assist you to prevent the application of the Act in a pre-emptory way; that would be an offence.
Can I sell property that is restrained?
No, unless the restraint is varied to allow sale of the property. This would require negotiation with the Commissioner's counsel. However, properties have been sold in proceeds matters before the substantive hearing to allow the freeing up of an amount of cash for a client.
Can I self-represent in proceeds matters?
Yes, theoretically you can. Companies cannot, they must have a solicitor and barrister acting for them in the High Court.
What barristers do you work with, when you assemble a team?
Senior barristers from Auckland and Wellington. I am trying to assemble a 'new generation' team of barristers currently, so if you know of any energised and innovative barristers in this practice area, let me know!
I heard that you prefer to work with a forensic accountant on proceeds matters, why is that?
If money allows, I prefer to get forensic and accountancy work done asap on a matter. I like to be well prepared with legal arguments and arguments that challenge the 'numbers' of the police.
My criminal barrister says it is not good to challenge the restraining stage in proceeds matters and is a waste of money
Many barristers, including myself, who have civil specialist training, have been able to get good results for clients at the restraining stage. This is a jurisdiction where 'if you don't ask', 'you don't get'. I am not sure why anyone would put all their eggs in the one basket in this jurisdiction and simply wait for the forfeiture hearing where you can lose everything. Think about it.. that doesn't make sense. It is lazy advice in my opinion. The only time I would deliberately do nothing until forfeiture is when cost is a major issue for a client and they are not eligible for legal aid (so my strategy needs to be tempered) or after doing legal research or reviewing the facts of the case, it is clear it is meritless to challenge at an interim stage or make applications. The issue I have with some customs that have arisen in this practice area is that there have been merited cases to make applications or oppose at a restraining stage, and for some reason, no legal advice was provided to the client on these points.
I had another barrister representing me at forfeiture and I lost everything, can you help me with costs submissions?
Yes, I would love to. Costs is an area of the case law that needs an injection from someone like me :)
Can someone else pay your litigation fees for me while my money is frozen?
Yes. How you reimburse that person is your business.
Do you need a solicitor for this litigation?
Yes. It is High Court civil litigation.
Can you represent me in my proceeds matter if I am from Christchurch?
Yes. I can represent people who come from anywhere in NZ (and the world), provided the legal dispute or claim/defence is a matter that can be dealt with under NZ law.
I know you put up a big fight in these kinds of cases, but do you also do deals?
Yes, from time to time. It is always best to avoid a substantive hearing if a reasonable and acceptable settlement with the Commissioner is possible.
I need some investigations done as part of my case - do you assist with this?
Yes, I work with private detectives in New Zealand who are all ex-senior detectives from the NZ Police. They are all licensed private detectives.
Who are the police units that deal with proceeds of crime cases and do the investigations?
According to the police website, the unit that manages proceeds of crime investigations is the Asset Recovery Unit (ARU). The ARU comes under the Financial Crime Group of the police. The ARU appears to work with the National Organised Crime Group and the Motorcycle Gang Unit. Motorcycle Gang Unit affidavits are generally an entertaining read.
Are you able to do proceeds of crime webinars and seminars for our 'club'?
Firstly, I am extremely flattered to hear that groups that come to the attention of the police in the proceeds of crime jurisdiction, actually notice me, and listen to what I have to say. Thank you. Yes, I could provide a general overview of certain aspects of the Act. Watch this space, because I have had a few other individuals and groups ask for this type of service. Let me have a chat with some of my colleagues first.
I have a criminal proceeds barrister already but I like to pay you to join our team as a lead or assisting barrister, are you open to this?
Yes of course. You are the client, it is your litigation. Barristers should not unreasonably ring fence litigation to their client's detriment.