A judge has ordered an east Auckland patched gang member who was found with $20,000 in his underpants to forfeit the money to the Crown.
The publicly released court judgement in the case states the Commissioner of Police applied in the Auckland High Court under the Criminal Proceeds (Recovery) Act to have some of the man’s possessions forfeited.
The summary of the decision by Justice David Johnstone states police executed a search warrant at the gang member’s home in Pakuranga.
“They found a total of $63,610 in cash, including $20,000 hidden in his underpants.
“They also found a firearm, ammunition, and small amounts of controlled drugs.
“He was arrested and charged with various offences.”
The following year police arrested the gang member again, this time at SkyCity casino in Auckland CBD.
A search warrant of his new home, in Howick, uncovered ammunition “and what appeared to be cannabis plant”.
When police located the gang member at SkyCity he had $10,370 in cash in the satchel he was carrying.
Later that year police searched a Gucci-brand “bum bag” he was carrying after he had parked and exited his vehicle in Highland Park.
“It contained around 43 grams of methamphetamine, some cannabis plant, and $15,296 in cash,” the court document states.
All of the cash was seized and the Police Commissioner applied for its forfeiture.
The judge said the gang member has a range of criminal convictions including for possession of methamphetamine for supply.
From late September, 2014, to June, 2022, the only income he declared to Inland Revenue was comprised of benefit payments of $6,850.76.
“I note that he was only out of prison for around two years in that period,” the judge said.
During that time period also, only one New Zealand trading bank account was operated in the gang member’s name.
It was opened in April, 2019, and closed in June, 2020, due to account inactivity, having received less than $10,000 from the Ministry of Social Development, about $15,000 in cash deposits, and about $40,500 in unexplained third-party deposits which did not resemble salary, wages or rental income.
When he was arrested on two separate occasions, the gang member declined to comment to police about the cash.
On a third occasion he told police the $15,296 cash found in his bum bag came from selling a car the previous evening.
The judge said he was satisfied the cash is “tainted property”.
“The apparent lack of legitimate sources of income, and the regular finding of cash sums in proximity to amounts of controlled drugs, demonstrates that it is likely the cash was acquired or derived from selling controlled drugs, and if not then in any event from the evasion of tax.”
