Commissioner of the Australian Federal Police v Minh Duc Pham [2015] NSWSC 1383

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Minh Duc Pham [2015] NSWSC 1383 Hearing dates: 16 September 2015 Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: 1. Order pursuant to s 49(1) of the Proceeds of Crime Act 2002 (Cth) that the funds standing to the credit of Commonwealth Bank of Australia account number xxxx xxxx xxxx in the name of the first defendant , Minh Duc Pham, be forfeited to the Commonwealth.

2. Order pursuant to s 49(1) of the Proceeds of Crime Act 2002 (Cth) that the funds standing to the credit of the Australia and New Zealand Banking Corporation account number xxxx xxxx xxxx in the joint names of the second and third defendants, Thom Thi Nguyen and Quang Dieu Pham, be forfeited to the Commonwealth.

3. Order pursuant to s 49(1) of the Proceeds of Crime Act 2002 (Cth) that the funds standing to the credit of Commonwealth Bank of Australia account number xxxx xxxx xxxx in the name of the third defendant, Quang Dieu Pham, be forfeited to the Commonwealth.

4. Order that the defendants are to pay the plaintiff's costs of and incidental to these proceedings.

5. Direct that these orders may be entered forthwith. Catchwords: PROCEEDS OF CRIME – forfeiture order – whether to proceed in absence of defendants' personal appearance – proceeds of bank accounts – bank account balances reflect deposits structured in a way to avoid reporting under Anti-Money Laundering provisions – whether rights in respect of bank account proceeds of crime – application granted. Legislation Cited: - Anti-Money Laundering and Counter-Terrorism Financing Act 2006 – s 142 - Proceeds of Crime Act 2002 Cases Cited: - The Commissioner of the Australian Federal Police [2012] NSWSC 1533 - Markovski v Director of Public Prosecutions [2014] VSCA 35 - Studman v Commonwealth Director of Public Prosecutions [2007] NSWCA 285; 177 A Crim R 34 Category: Principal judgment Parties: Commissioner of the Australian Federal Police – Plaintiff Minh Duc Pham – First Defendant Thon Thi Nguyen – Second Defendant Quang Dieu Pham – Third Defendant Representation: Counsel: A. Moses SC, L. Livingston – Plaintiff Tan Duc Pham (friend of Defendants)