Ongoing Developments with the Criminal Proceeds (Recovery) Act 2009 (CPD 1.5 hrs)
The Criminal Proceeds (Recovery) Act 2009 allows authorities to recover assets obtained through criminal activities. Although enacted over a decade ago, cases on the CPRA continue to arise and evolve. And forthcoming amendments to the Act will strengthen its provisions. The presenters will cover the Act’s general principles, recent significant cases, the increasingly common issue of potential double recovery where the criminal offending is said to arise from tax evasion and the forthcoming amendments. This webinar is aimed at barristers whose clients are or may be subject to a forfeiture regime already described as “draconian” and “swingeing”, and set to get harsher.
Learning objectives:
- Understand the purpose and scope of the Criminal Proceeds (Recovery) Act 2009:
- the main features of the Act,
- its key concepts and the processes; and
- relevant evidential and burden and standard of proof issues which arise at restraining and forfeiture order stages.
- Understand double recovery issues when tax or other recovery mechanism are also available to the State.
Our Presenters
| Katie HoganAfter graduating from the University of Otago in 2000, Katie worked at Russell McVeagh in Auckland as a civil litigator for three years before travelling and working overseas. Upon returning to NZ, Katie joined Meredith Connell in 2006. There she undertook jury trial work, achieving senior classification in 2009 and becoming an Associate of the firm in 2012. In 2015 Katie and her young family moved to Samoa where Katie was employed as a legal consultant to the Samoan Attorney-General. At the same time Katie was part of the team that successfully bid for the new Manukau Crown Solicitor’s warrant. She returned to New Zealand and began working for Kayes Fletcher Walker as a senior Crown prosecutor in October 2015. | |
Mike LennardMike Lennard is a barrister specialising in civil commercial (intellectual property, tax disputes, judicial review, professional negligence and professional disciplinary) and financial crime litigation. Mike spent eight years as a Crown prosecutor and civil litigation lawyer, eight years as head of litigation for Inland Revenue, and has practiced at the independent bar since June 2004. While he is recognised as a leading tax disputes lawyer in both in New Zealand and internationally, his practice now covers a wide range of financial/commercial disputes.. Mike has participated on one side or the other on many of the most significant tax disputes in the past 25 years: his practice covers tax disputes at all stages. He has a substantial amount of experience in defending taxpayers charged with evasion and non-payment of PAYE in the criminal courts. Non-tax aspects of his practice include intellectual property, competition law, professional negligence and relationship property litigation. He has a particular interest in financial regulatory and criminal issues, including criminal proceeds, money laundering and administration of the AML/CFT legislation. Mike has been involved in many training programmes including New Zealand Law Society's Litigation Skills Programme and as an adjunct teaching fellow at the University of Auckland. He is a member of the NZLS Taxation Committee. He is a regular contributor to, and a member of the Advisory Board of, "Taxation Today", (and other Thomson Reuters texts). He represented New Zealand at the International Fiscal Association in 2015 and (forthcoming) 2024 and has spoken at numerous conferences and seminars over the past 25 years on subjects relating to tax disputes, financial crime and administrative law issues. |
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