ARU - Basic How To

Question 1

What other teams do we often work with, and how does that work?

Answer 1

OCU, NOCG, Customs, MPI, MBIE, IRD.
ARU often work with another team who have laid charges for a criminal offence, and we run our investigation alongside to deal with the financial benefit from the crime.

Question 2

We start an investigation when significant criminal activity is identified (SCA- s.6)

Question 3

We apply to the HC for a restraining order which can be Without Notice Restraining Order (WNRO) or an On Notice Restraining Order (ONRO)

Answer 3

Without Notice Restraining Order only valid for 7 days

Question 4

All property that is restrained (houses, vehicles, jewellry, cash, bitcoin, bank accounts, companies, share holdings of companies etc), are held by the Official Assignee (OA)

Question 5

Once a Restraining Order is obtained we work towards a Forfeiture Order

Asset Forfeiture Order (AFO)
Profit Forfeiture Order (PFO),
Instrument Forfeiture Order (IFO),

Answer 5

High Court must be “satisfied on the balance of probabilities”
Profit Forfeiture Order (PFO) can go back 7 years
Asset Forfeiture Order - No timeframe
Restraining Orders are only valid for 1 year.
Crown can seek an extension through the HC
At any stage the Crown and Respondent can negotiate a settlement out of court.

Question 6

Everything is to a HC standard.
Working in the Civil Court, standard of proof is on the balance of probabilities.
There is an expectation on the respondent to prove how he/she acquired their assets.

Question 7

Production Orders under CPRA 2009, s.104 & 105) to banks etc

Question 8

s.107 CPRA 2009 - Examination Orders

Answer 8

Apply to the DC ??
We can interview whoever we want, including the Respondent.
They must answer questions even if it means admitting to an offence. However, this information cannot be used in the Criminal Court against them

Question 9

CHIS information / risk

Answer 9

Because we work in the Civil Court, everything is a lot more transparent to the public, so we don’t put CHIS information into our affidavits because it can’t be protected.

Question 10

This area of work is getting more complex with more weird ways to hide money

Answer 10

Bitcoin, online gaming platforms outside of NZ

Question 11

Southern ARU services the whole of the South Island

Answer 11

ARU staff I Nelson and Dunedin

Question 13

ARU comes under the Financial Crime Group (FCG) led by Det Super Dave LYNCH.
FCG is made up of

Answer 13

FIU -Financial intelligence unit
ARU - asset recovery unit
MLT - Money laundering team
VAT - Virtual Asset Team

Question 14

Virtual Asset Team (VAT)

Answer 14

Team ID, trace, and seize Virtual Assets
Assist investigations to ID virtual assets, and to seized restrain them as part of an investigation

Question 15

Money Laundering Team (MLT)

Answer 15

Process of crinimals disguising criminal money to make it look legitimate so they can enjoy their money freely without detection, suspicion, or apprehension.
Core focus - investigating syndicates and persons supplying them with criminal proceeds.Works closely with other government departments, DIA, NZ Customs, Financial Markets Authority

Question 16

Proceeds of Crime Fund (POCF) -relates of OA (Official Asignee)

Answer 16

When an Asset is restrained, it is placed into the Custody other AO.
They are responsible for the storage, maintenance, and safety while investigations and Court action proceeds.
PlacingAssests in Custody of OA protects the Police.
Ocean Asset has been made a subject of Forfeiture Order, the OA arranges for its sale.After all expenses paid, the remaining goes to: alcohol and drug treatment, mental health issues within the justice system, helps fight OC dealing in drugs