Criminal Assets Bureau v Whelan (Unapproved) [2022] IECA 304 (23 December 2022)

Criminal Assets Bureau v Whelan (Unapproved) [2022] IECA 304 (23 December 2022)

The €75,000 was acquired by the appellant in connection with property constituting proceeds of crime, as part of a money laundering scheme, satisfying s.3(1)(a)(ii) of the 1996 Act; no evidence of a serious risk of injustice was adduced, so the interlocutory order was properly made.

Citation
[2022] IECA 304
Parties
Applicant/respondent: Criminal Assets Bureau; Respondent/appellant: Graham Whelan
Jurisdiction
Ireland
Judgment Date
23 December 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Money Laundering, Interlocutory Orders, Risk of Injustice
Criminal Law Asset Forfeiture Proceeds of Crime Money Laundering Interlocutory Orders Risk of Injustice

Case Brief

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Parties

Criminal Assets Bureau

Applicant/respondent

Graham Whelan

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether €75,000 in AIB account constitutes proceeds of crime under s.3 of the Proceeds of Crime Act, 1996
  2. 2 Whether there is a serious risk of injustice in making the interlocutory order

Ratio Decidendi

The €75,000 was acquired by the appellant in connection with property constituting proceeds of crime, as part of a money laundering scheme, satisfying s.3(1)(a)(ii) of the 1996 Act; no evidence of a serious risk of injustice was adduced, so the interlocutory order was properly made.

Court Disposition

appeal dismissed

Orders

  • Interlocutory order under s.3 of the Proceeds of Crime Act, 1996 affirmed
  • Parties may make written submissions on costs within 28 days