In proceedings under the Proceeds of Crime Act 2002 (Cth), the Supreme Court of Queensland has delivered judgment against two respondents who had been convicted for offences arising from their involvement in a substantial conspiracy to defraud the Commonwealth.
Lindsay Kirschberg and Pasquale Loccisano, co-offenders with George Alex, brought applications under s 94 of the Act seeking to exclude several items of property from forfeiture to the Commonwealth on the basis that the property was not tainted by their offending. Each had been sentenced by the NSW Supreme Court for their roles in what Fagan J described as a “fraud on all…taxpayers” – a scheme involving non-remittance of PAYG tax across multiple years. The Commissioner of the AFP successfully resisted both applications under the Act.
Greg O’Mahoney and Daniel Habashy appeared for the Commissioner. They, along with Henry Cooper, have been appearing for the Commissioner more generally in the proceedings, which had been brought against several defendants: Commissioner of the Australian Federal Police v George Alex & Ors.
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