​"For families and 'non-traditional' proceeds of crime clients, I know that considering a settlement can be a tough pill to swallow at first. But as we progress, you may see the benefits of settlement far outweigh the benefits of going to a substantive hearing in your particular case."

"I work with property solicitors specializing in complex criminal proceeds settlements with the Commissioner of Police. We can help you reach a deal with the Commissioner that you can live with."

"These are settlements that may include: agreed sales of assets or transfers of shares in assets, or negotiations with banking and finance companies or the consideration of assets held offshore."

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​entering settlement negotiations*

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All proceeds litigants should spend time considering what an agreeable settlement with the police might look like for them. There are many reasons to consider settlement:

• Save on legal fees, stress, and time incurred with a substantive hearing; 
• Work with the Commissioner (and Official Assignee) to craft a predictable and acceptable outcome for all parties involved;
• Attempt to encompass other 'risk factors' (or entities) into the settlement, including banks, mortgagees, interested parties, holders of security interests in restrained assets, and the Commissioner of Inland Revenue (CIR) - just note, a motivated CIR can do far more damage to your financial position (and solvency) than the Commissioner of Police can;
• Speed up determination of the proceeding for reasons of your personal time constraints or concerns about police finding other assets...;
• For those with the facts and law strongly against them (and perhaps those with limited budgets also), a settlement may allow you a better result than attempting to fight (a likely) inevitable loss at a hearing where you get absolutely nothing back;
• For those litigants who are not eligible for legal aid, and whom have very limited budgets (say less than $50K to spend on the entire proceeding), then a settlement may be the most cost effective option for you. 
• The Commissioner may be more generous and/or recognize the needs of other family members (such as children, vulnerable family members, or the elderly) as part of a settlement agreement. 

What entering settlement negotiations is not:

• It is not a weakness (and you do not come across as weak) to signal a proposal for settlement to the Commissioner; 
• It does not mean you are admitting you were "guilty" of the underlying significant criminal activity;
• It does not mean you are saying to the Commissioner you think you will lose at a substantive hearing;
• It does not mean you are locked into negotiations once you begin - negotiations towards settlement are without prejudice;
• It does not mean you are guaranteed a successful result or that you will get what you want. 

Who can enter into settlement negotiations with the Commissioner of Police?

• Respondents 
• Interested Parties 

How long do settlement negotiations take with the Commissioner?

• It depends. Some settlement negotiations take about a day, others take a few years. 
• It can depend on what stage you are at in a criminal proceeds proceeding, it can depend on the factual and legal positions of both you and the Commissioner, it can depend on the reasonableness of either side's offers, it can depend on whether the Commissioner and Official Assignee have completed their tasks and investigations;
• Sometimes it can depend on how much time counsel for the Commissioner has to look at settlement (remembering lawyers for the police generally have larger workloads compared to some private counsel). 

Is a settlement with the Commissioner of Police like a settlement between two parties in a private civil or commercial dispute?

• There is some similarity, but mostly no. 
• The Commissioner has duties to the community and under the Act itself, to enter settlement agreements that are in the public interest and that further the purposes of the Act. 
• The Official Assignee may have some input into settlement negotiations.
• A proposed settlement from a litigant should be well grounded on provisions under the Act and cannot be a wild departure from the reality of what is achievable under the Act. 
• Any settlement with an Interested Party or a Respondent will require an order from the High Court either varying the restraining order or approving a forfeiture settlement. 

What is the Commissioner's general approach to considering settlement?

•  Generally speaking, the Commissioner and his lawyers are open to receiving and considering settlement offers from litigants. 
• In 'special cases' (and I will tell you if you are a 'special case'), the Commissioner may not wish to entertain settlement offers from a litigant. In 'very special cases' and in some regions, the lawyers for the police seem to just ignore settlement offers. This is unwise, and generally plays into our hands in the long run. 

*The above information is not legal advice, it is general information provided for a general audience. If you require legal advice on settlements with the Commissioner of Police, please contact me directly.  

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