D.P.P. v. Hollmann [1999] IEHC 20 (29th July, 1999)

D.P.P. v. Hollmann [1999] IEHC 20 (29th July, 1999)

The court found that the Proceeds of Crime Act 1996 applies to proceeds of crime from offences committed outside Ireland. The evidence, including the belief of a current Chief Superintendent and supporting affidavits, established that the monies in question were proceeds of crime. The respondent failed to provide a credible alternative explanation for the source and movement of the funds. Accordingly, the statutory requirements for making an order under Section 3 were satisfied.

Citation
[1999] IEHC 20
Parties
Plaintiffs: Director of Public Prosecutions and Francis Glacken and Felix McKenna; Defendants: Ernst Hollmann, Maria Bernadetta Jehle-Mair and U P
Jurisdiction
Ireland
Procedural Posture
Application Under Proceeds of Crime Act 1996 / Judgment on Application for Order Under Section 3
Outcome
Order granted
Legal Topics
Application of Proceeds of Crime Legislation to Foreign Offences, Evidentiary Standards Under Proceeds of Crime Act, Money Laundering, Asset Forfeiture
Criminal Law Proceeds of Crime Money Laundering Application of Proceeds of Crime Legislation to Foreign Offences Evidentiary Standards Under Proceeds of Crime Act Asset Forfeiture

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Parties

Director of Public Prosecutions and Francis Glacken and Felix McKenna

Plaintiffs

Ernst Hollmann, Maria Bernadetta Jehle-Mair and U P

Defendants

Procedural Posture

Application Under Proceeds of Crime Act 1996 / Judgment on Application for Order Under Section 3

Legal Issues

  1. 1 Whether the Proceeds of Crime Act 1996 applies to proceeds of crime from offences committed outside Ireland
  2. 2 Whether the evidence supports that the monies in question are proceeds of crime
  3. 3 Whether the evidentiary requirements under Section 8 of the Act are met

Ratio Decidendi

The court found that the Proceeds of Crime Act 1996 applies to proceeds of crime from offences committed outside Ireland. The evidence, including the belief of a current Chief Superintendent and supporting affidavits, established that the monies in question were proceeds of crime. The respondent failed to provide a credible alternative explanation for the source and movement of the funds. Accordingly, the statutory requirements for making an order under Section 3 were satisfied.

Court Disposition

Order granted

Orders

  • Order under Section 3 of the Proceeds of Crime Act 1996 in respect of £55,652.82 held in two accounts of the Third Named Respondent at Allied Irish Bank, Cobh, Co. Cork.