Criminal Assets Bureau v Casey & anor (Approved) [2020] IEHC 499 (07 October 2020)

Criminal Assets Bureau v Casey & anor (Approved) [2020] IEHC 499 (07 October 2020)

Ballycummin was acquired with assets derived from proceeds of crime based on unexplained cash lodgements, banking patterns, and credible intelligence; Annacotty was not proven to be acquired with proceeds of crime due to insufficient evidence linking funds to criminal activity.

Citation
[2020] IEHC 499
Parties
Applicant: Criminal Assets Bureau; Respondent: Patrick Casey; Respondent: Ellen Cawley Casey
Jurisdiction
Ireland
Judgment Date
07 October 2020
Procedural Posture
Application Under S.3 of the Proceeds of Crime Act 1996 / Judgment
Outcome
Applicant successful in respect of Ballycummin, unsuccessful in respect of Annacotty.
Legal Topics
Proceeds of Crime, Money Laundering, Asset Tracing, Social Welfare Fraud, Tax Evasion

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Parties

Criminal Assets Bureau

Applicant

Patrick Casey

Respondent

Ellen Cawley Casey

Respondent

Procedural Posture

Application Under S.3 of the Proceeds of Crime Act 1996 / Judgment

  1. 1 Whether Ballycummin property was acquired with proceeds of crime
  2. 2 Whether Annacotty property was acquired with proceeds of crime

Ratio Decidendi

Ballycummin was acquired with assets derived from proceeds of crime based on unexplained cash lodgements, banking patterns, and credible intelligence; Annacotty was not proven to be acquired with proceeds of crime due to insufficient evidence linking funds to criminal activity.

Court Disposition

Applicant successful in respect of Ballycummin, unsuccessful in respect of Annacotty.

Orders

  • s.3(1) order granted in respect of Ballycummin property
  • No order in respect of Annacotty property