Gordon Richard Nuttall - ICE Australia David Goody.pdf · Mr Nuttall’s convictions Value of the...

Gordon Richard Nuttall

Proceeds of Crime Litigation – Presentation to APPSAC

Gordon NUTTALL

Criminal Proceeds Confiscation Act 2002 (Qld)

Act commenced 1 January 2003

Provides for three separate confiscation schemes:schemes:

Confiscation without conviction (Chapter 2), administered by CMC

Serious drug offender confiscation order scheme (Chapter 2A), administered by CMC

Confiscation after conviction (Chapter 3), administered by DPP

Criminal Proceeds Confiscation Act 2002 (Qld)

Proceedings are civil, not criminal

Proceedings conducted in the Supreme CourtCourt

Chapter 2 & 2A referrals are received from agencies including the Queensland Police Service, and internally from the CMC (Major Crime & Misconduct functions)

Proceeds of Crime – Op Spoke (Talbot & Shand)

21/11/2006: Request for confiscation assistance

Assessed as suitableAssessed as suitable

Strategy: Proceeds Assessment Order –‘value of the proceeds derived from illegal activity’ (S. 77 Criminal Proceeds Confiscation Act

2002)

Proceeds of Crime – OP Spoke

19/02/2007: Restraining order issued over Mr Nuttall’s residence at Brisbane suburb of Sandgate

Proceeds of Crime – Op Spoke

20/02/2007: Application for proceeds assessment order (PAO)

Two components:

Value of property that came into possession Value of property that came into possession because of the illegal activity (S 82(1)(a) Criminal

Proceeds Confiscation Act 2002) $360,000

Value of benefit provided because of the illegal activity (S 82 (1)(b) Criminal Proceeds

Confiscation Act 2002) $94,480.04

Proceeds of Crime – Op Moonlight (McKennariey & Doyle)16/09/2009: Request for further confiscation assistance

Assessed as suitable

Strategy: Proceeds Assessment Order –Strategy: Proceeds Assessment Order –‘value of the proceeds derived from illegal activity’ (S. 77 Criminal Proceeds Confiscation Act

2002) $141,500

24/09/2009: Application filed

Proceeds of Crime – Op Spoke

08/10/2009: Application for further restraining order (Beach house at Woodgate)

Basis:Basis:

Net value of Sandgate property

Proceeds assessment order application in new proceeding (Op Moonlight)

Wife’s interest in restrained property

Woodgate Property

Proceeds of Crime – Op Spoke

12/07/2010: Proceeds Assessment Order made in the amount $454,480.04 & costs

Basis:

Mr Nuttall’s convictionsMr Nuttall’s convictions

Value of the illegal activity consisted of the corrupt monies & value of the benefit (interest saved on overdraft facility)

Proceeds of Crime – Op Moonlight

28/03/2011: Proceeds Assessment Order made in the amount $141,500 & costs

Basis:

Mr Nuttall’s convictionsMr Nuttall’s convictions

Value of the illegal activity consisted of the corrupt monies in the 6 years prior to the application

Recovery of Proceeds Assessment Orders

Upon making of the orders, all property of the respondent charged in favour of the State (S 88(1) Criminal Proceeds Confiscation Act 2002)

19/07/2011: Enforcement warrants for 19/07/2011: Enforcement warrants for seizure & sale of property issued

24/09/2011: Woodgate property auctioned

Proceeds of Crime Financial Outcome

State Consolidated Fund $668,769

(PAOs of $595,980 + interest of $72,789 pursuant to S 48 Supreme Court Act 1995

(Qld)) (Qld))

CMC $34,719 (Costs & costs of property sale)

ODPP $18,205 (Costs)

Gordon Nuttall

Gordon Richard Nuttall –Proceeds of Crime

Questions?Questions?